HIS    EXCELLENCY 


JOHN  W.  GEARY, 


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TO    THE 


General  Assembly 

i 

OF 

PENNSYLVANIA, 

January  8,  1873. 


HARK1SBURG: 

HKNJ.     SINGE RLY,     STATE     PR1NTKH. 
1873. 


MESSAGE 


OF 


HIS     EXCELLENCY 

;r 


JOHN  W.  GEARY 


WlTH    COMPLIMENTS   OF 


EARY. 


8,   1873- 


HARRISBURG: 

BENJAMIN    SINOERLY,     STATE     PRINTER, 
1873. 


MESSAGE 


OF 


HIS     EXCELLENCY 

;T 


JOHN  W.  GEARY 


TO    THE 


GENERAL  ASSEMBLY 


OF 


PENNSYLVANIA, 

JAJNTJ.ARY    8,   1878- 


HARRISBURG: 

BENJAMIN    SINOERLY,     STATE     PRINTER, 
1873. 


MESSAGE. 


To  the  Senate  and  House  of  Representatives  of  the  Common- 
wealth  of  Pennsylvania : 

GKXTLEMEN  : — In  obedience  to  the  requirements  of  the 
Constitution  I  have  the  honor  of  transmitting  to  you  my 
sixth  annual  message.  Since  your  last  meeting  the  general 
course  of  events,  both  State  and  National,  has  been  so  pro- 
pitious as  to  afford  abundant  cause  for  mutual  congratula- 
tion/and  of  thanksgiving  to  that  Almighty  Providence  whose 
will  controls  the  destinies  of  all.  While  we  have  been  exempt 
from  the  calamity  by  tire  that  has  befallen  the  metropolis  of 
a  great  sister  State,  her  misfortune  has  inured  to  the  benefit 
of  our  people  by  the  enlistment  of  that  sympathy  for  the  suf- 
fering which  is  one  of  the  most  ennobling  sentiments  of  the 
human  heart.  The  seasons,  though  not  so  favorable  for  the 
productions  of  our  soil  as  in  some  past  years,  have  been  suf- 
ficiently fruitful ;  and  no  general  epidemic  has  appeared  to 
disturb  the  pursuits,  or  fill  with  sorrow  the  hearts  of  our 
population.  Our  mining  industries,  manufactures  and  in- 
ternal commerce  are  being  constantly  enlarged  and  extended, 
and  their  enterprising  proprietors  are  generally  receiving  re- 
munerative returns. 

A  great  political  conflict  has  occurred,  resulting  in  a  signal 
triumph  of  che  same  principles  that  were  asserted  in  the 
restoration  of  the  Union,  the  amendments  of  the  Constitu- 
tion, and  the  reconstruction  of  the  States.  The  victory  in 
Pennsylvania  was  decisive  of  the  victory  in  the  Nation  ;  and 
will  ever  be  remembered  as  an  inestimable  contribution  to 
Mie  harmony,  prosperity  and  glory  of  the  country.  Theelec- 


ANNUAL   MESSAGE    OP    THE 

tion  of  the  soldier,  who  "is  first  in  war,"  to  the  oflice  thar 
makes  him  "first  in  peace,"  was  an  appropriate  exhibition  of 
national  gratitude,  and  inspires  the  deepest  feelings  of  satis- 
faction "in  the  hearts  of  his  countrymen." 

While  the  Constitution  wisely  withholds  from  the  Governor 
all  power  of  interference  in  legislation,  it  imposes  upon  him 
the  duty  of  laying  before  the  General  Assembly  such  infor- 
mation of  the  state  of  affairs,  and  recommending  to  their 
consideration  such  measures  as  he  may  deem  expedient  and 
important  to  the  public  welfare. 

I  am  happy  to  inform  you  that  peace  and  good  order  have 
been  maintained  by  the  enforcement  of  just  and  equal  laws, 
and  the  legitimate  exercise  of  authority  continues  to  find  an 
enduring  basis  of  support  in  the  intelligence,  affections  and 
moral  sense  of  the  people. 

FINANCES. 

The  credit  of  the  State  remains  unquestioned  abroad,  be- 
cause her  public  faith  has  been  inviolabty  maintained  at  home. 
The  following  condensed  statement  of  the  receipts,  expendi- 
tures and  indebtedness  of  the  Commonwealth  is  respectfully 
submitted : 

Receipts. 

Balance  in  Treasury  November  30,  1871 $•!,  476, 808  51* 

Ordinary  receipts  during  the  fiscal  year  ending  No- 
vember 30,  1872 7, 148,  637  45 


Total  in  Treasury  during  year  ending  Nov.  30,  1872,    $.8, 625,  446  04 

Disbursement*. 

Ordinary  expenses  paid  during  year 

ending  November  30,  1872 $2,960,631  55 

Loans,  &c.,  redeemed 2, 476, 326  00 

Interest  on  loans  paid 1,  706.032  88 

Total  disbursements $7?  142,  990  43 


Balance  in  Treasury  November  30,  1872 $1, 482, 455  61 


GOVERNOR   OP   PENNSYLVANIA.  5 

PuUic  Debt. 

The  public  debt  on  Nov.  30,  1871,  was,  $28.  980.  071  73 

Add  Chambersburg  certificates 299,  748  91 

Add  Agricultural  College  Laud  Scrip 
fund,  held  in  trust,  as  per  Act  ap- 
proved April  3,  1872 500.  000  00 

-$29,779,820  .64 

Deduct  amount  paid  by  Commissioners  of  the  Sink- 
ing Fund  during  the  year  ending  Nov.  30,  1872  ...      2,  476,  326  00 


Public  debt,  November  30,  1872 $27.  303,  494  64 

Deduct  assets  in  Sinking  Fund   $9,  300,  000  00 

And  cash  balance  in  Treasur}' ,      i,  482,  455  61 

Amount  of  assets  and  cash $10,  782, 455  61 


Balance  of  public  debt  unprovided  for $16,  521,  039  03 

which   can   be  extinguished    in  ten  years  by  the  annual  payment  of 
one  million  six  hundred  thousand  dollars. 

Daring  the  last  six  years  payments  on  the  debt  have  been 

made  as  follow: 

Amount  paid  in  1867 .v ,  $1,794,644  50 

Do 1868 : 2,  414,  816^64 

Do 1869 472,406  18 

Do 1870 , 1,702,87905 

Do 1871 2,131,59017 

Do 1872 2,  476,  32G  00 


Total  payments $  10,  992,  662  54 

Being  a  little  over  tii-enty-nine  per  cent,  on  the  debt  due  De- 
cember 1,  1SGG,  which  was  then  837,704,409  77. 

Sinking  Fund. 

In  remarking  upon  this  subject,  I  trust  it  will  be  instruc- 
tive to  refer,  briefly,  to  some  of  the  facts  relating  to  the  accu- 
mulation and  payment  of  the  public  debt,  and  the  origin  of 
the  assets  arising  from  the  sale  of  the  public  improvements. 


<J  ANNUAL    MESSAGE    OF    TFIE 

However  wise  our  predecessors  were  in  opening  avenues 
for  trade  and  commerce,  and  however  great  were  the  benefits 
resulting  to  the  people  from  the  internal  improvements  <>l 
the  State,  it  is  obvious,  that  while  those  of  other  States  rarely 
failed  to  become  sources  of  revenue,  the  management  of  ours 
was  such  as  to  produce  results  widely  different.  A  large  ma- 
jority of  the  tax-payers,  therefore,  after  long  and  patient  en- 
durance, becoming  dissatisfied  with  their  management,  de- 
manded they  should  be  sold  ;  assuming  it  would  be  a  measure 
of  economy,  and  would  prevent  an  increase  of  the  public  ob- 
ligations. 

The  construction  of  the  improvements  resulted  in  a  public- 
debt,  which,  in  18.32,  reached  its  maximum,  $41,524,875  37. 
The  interest,  premiums  and  other  expenses  that  have  been 
paid  upon  the  debt,  from  its  incipiency  to  November  30,  18r<2, 
sum  up  $76,845,744  99 ;  and  make  the  entire  expenditure  on 
account  of  the  public  works,  §118,370,020  36. 

In  pursuance  of  lawr  the  State  canals  and  railroads  were 
sold  in  1857,  for  eleven  million  dollars  in  bonds;  upon  which 
the  State  has  received  $1,700,000  00  in  cash,  and  $9,300,000  00 
remain  in  the  hands  of  the  Commissioners  of  the  Sinking 
Fund,  as  follows,  viz : 

Bonds  of  the  Pennsylvania  Railroad  Company,  secured 

by  lien  on  the  Philadelphia  and  Columbia  Railroad,  §5,800,000  00 

Thirty-five  bonds  of  the  Allegheny  Valley  Railroad 
Company,  each  for  $100,000,  guarantied  by  the 
Pennsylvania  Railroad  Company,  Northern  Central 
Railwaj7  Company,  and  the  Philadelphia  and  Erie 
Railroad  Company,  payable  $100,000  annually,  be- 
ginning January,  1875,  bearing  5  per  cent,  interest 
from  January  1.  1872 3,500,000  00 


Amount  of  assets 9, 300, 000  C*i 


QOVERNOR    OP   PENNSYLVANIA.  7 

Remarks  on  the  foregoing  Financial  Statements. 

The  proper  and  efficient  management  of  the  finances  is 
one  of  the  most  important  duties  of  the  administration  of  the 
State  government.  The  collection  of  the  revenue  ;  the  eco- 
nomical expenditure;  the  safe  keeping  of  the  public  moneys, 
and  well-guarded  appropriation  hills,  are  always  questions  of 
deep  interest  to  the  tax-payers  of  the  State. 

It  is  a  lasting  honor  to  the  people  of  Pennsylvania,  that 
they  have  never,  even  when  struggling  under  the  most  op- 
pressive burdens,  permitted  the  integrity  of  the  State  to  be 
doubted,  and  now  it  cannot  be  otherwise  than  gratifying  to 
them,  to  learn  the  rapid  extinguishment  of  the  public  indebt- 
edness, the  greater  part  of  which  was  incurred  for  improve- 
ments, which*  as  herein  already  shown,  utterly  failed  to  be 
advantageous  to  her  coffers. 

The  rapid  reduction  of  the  State  debt,  and  the  reduction  of 
taxation,  have  gone  hand  in  hand  thrpughout  my  entire 
administration,  and  have  constituted  a  marked  portion  of  its 
policy,  attesting,  at  the  same  time,  the  concurrence  and 
wisdom  of  the  Legislature,  and  the  fidelity  of  those  who  have 
been  the  custodians  of  the  public  funds. 

This  policy  should  be  continued,  and  no  attempt  to  cover 
up  or  conceal  the  actual  expenses  of  the  government  should 
be  made  for  the  purpose  of  obtaining  the  people's  consent  to 
appropriations,  or  enterprises  of  doubtful  propriety;  which 
propositions,  if  coupled  with  a  condition  to  raise  the  money 
by  immediate  and  direct  taxation,  would  be  unhesitatingly 
rejected. 

The  Legislative  appropriations,  during  the  last  six  years, 
made  in  aid  of  the  various  institutions  for  the  support  of 
the  deaf,  dumb,  blind,  insane,  feeble-minded,  friendless,  wan- 
derers, orphans,  soldiers'  homes,  hospitals,  universities,  houses 
of  correction,  penitentiaries,  and  the  payment  of  military  ex- 
penses, incurred  during  the  war;  expenses  of  government, 


ANNUAL   MESSAGE   OP   THE 

•common  schools,  ami  soldiers'  orphans'  schools,  amount  to 
about  $17,000,000  00. 

The  expenses  of  the  soldiers'  orphans'  schools  alone,  dur- 
ing the  same  time,  is  $3,407,543  11,  and,  although  it  is  a 
most  noble  and  patriotic  expenditure,  it  is,  nevertheless,  an 
unusual  one,  and  if  such  a  necessity  had  not  existed,  the 
reduction  of  the  State  debt,  during  their  existence,  would 
have  been  nearly  fifteen  million  dollars. 

During  the  past  six  years,  the  current  of  legislation  has 
been  steadily  in  favor  of  reduced  taxation.  Not  only  have 
numerous  local  laws  been  enacted,  exempting  churches,  ceme- 
teries, schools,  hospitals  and  other  institutions  from  taxation, 
but  many  general  laws  of  the  same  character  have  been 
passed,  as  is  shown  by  the  following  enumeration : 

By  the  "act  to  amend  the  revenue  laws,"  approved,  Feb- 
ruary 23,  1800,  all  real  estate  in  the  Commonwealth  was 
thereafter  made  exempt  from  taxation  for  State  purposes. 

By  the  act  approved  March  30,  1800,  all  persons  who 
served  nine  months  or  upwards  in  the  military  service,  or 
who  were  honorably  discharged  therefrom  by  reason  of 
wounds  or  physical  disability  contracted  therein,  and  their 
property,  were  exonerated  from  all  bounties,  and  per  capita 
tax  and  military  tines. 

The  act  of  April  29,  1807,  repealed  all  laws  requiring  pay- 
ment of  taxes  to  the  State  on  sales  of  loans  and  stocks  by 
auctioneers. 

By  the  act  of  April  10,  1807,  all  trustees,  or  owners  ot 
property  to  the  value  of  thirty-live  thousand  dollars,  used 
for  soldiers'  orphans'  schools,  were  exempted  from  all  "county, 
road,  city,  borough,  poor  and  school  taxes." 

By  the  act  of  April  4,  1808,  and  the  supplements  thereto. 
u  all  mortgages,  judgments,  recognizances,  and  moneys  owing 
upon  articles  of  agreement  for  the  sale  of  real  estate,"  were 
made  "  exempt  from  all  taxation,  except  for  State  purposes." 


GOVERNOR   OP    PENNSYLVANIA.  !) 

By  act  approved  January  3,  1868,  all  laws  therein  recited 
were  repealed,  which  imposed  taxes  upon  "  the  shares  of 
stock  held  by  any  stockholder  in  any  institution  or  company- 
incorporated  under  the  laws  of  this  State,  which  in  its  corpo- 
rate capacity  is  liable  to,  and  pays  into  the  State  Treasury 
the  tax  on  capital  stock  imposed"  by  the  acts  therein  recited. 

The  act  of  June  2,  1871,  repealed  so  much  of  the  law  of 
April  20,  1844,  as  imposed  a  tax  of  two  per  cent,  on  salaries, 
trades,  offices,  occupations  and  professions. 

And  by  the  act  of  April  3,  1872,  the  sixth  section  of  the 
law  of  April  21,  1854,  was  repealed,  which  imposed  a  tax  of 
one-half  of  one  per  cent,  on  the  capital  stock  of  all  corpora- 
tions created  under  laws  "to  enable  joint  tenants,  tenants  in 
common,  and  adjoining  owners  of  mineral  lands,  to  manage 
and  develope  the  same." 

In  view  of  these  facts,  the  practical  questions  now  are,  can 
any  further  reductions  be  properly  made?  And  if  so,  on 
what  subjects  ? 

Heretofore  on  several  occasions  1  have  invited  the  atten- 
tion of  the  Legislature  to  the  importance  of  adopting  a  more 
liberal  policy  towards  those  citizens  who  are  engaged  in  in- 
dustrial enterprises  which  employ  large  numbers  of  working- 
men,  and  tend  to  develop  the  resources  of  the  Commonwealth. 
Involving  great  risks,  and  requiring  for  their  successful  con- 
duct a  large  amount  of  capital,  these  operations  have  been, 
in  the  main,  conducted  by  means  of  associations,  organized 
under  the  general  laws  which  regulate  the  incorporation  of 
manufacturing,  mining  and  improvement  companies.  These 
laws,  while  they  resemble  in  their  principal  features  the 
liberal  systems  in  force  in  other  States,  fail  in  their  ostensible 
purpose  of  encouraging  manufacturing  industry,  because  the 
privileges  they  grant  are  enormously  burdened  with  taxation. 

This  may  be  illustrated,  by  supposing  the  case  of  twenty 
persons,  who  each  subscribe  five  thousand  dollars  to  the  stock 
of  a  company  organized  for  the  purpose  of  producing  oil,  or 


10  ANNUAL   MESSAGE    OP   THE 

mining  ore  or  coal,  or  manufacturing  cotton  or  woolen  goods, 
iron  or  steel,  or  any  other  commodity.  The  fund  thus  created 
must  be  expended  in  lands,  buildings  and  permanent  improve- 
ments, it-Inch  are  taxable  for  all  purposes  to  the  same  extent  as 
if  they  were  owned  by  an  individual  operator.  In  addition  to 
tli is  the  company  must  pay  a  bonus  of  one-fourth  of  one  per 
rent,  to  the  Commonwealth  upon  its  stock  amounting  to  the  sum 
of  tiro  hundred  and  fifty  dollars.  It  is  thereafter  liable  to  an 
annual  tax  upon  its  capital  stock  at  the  rate  of  one-half  mill 
for  each  one  per  cent,  of  dividends  made  or  declared.  In  case  of 
no  dividends  having  been  made  or  declared,  then  three  mills 
upon  the  appraised  value  of  the  stock.  Also,  a  tax  of  three  per 
cent,  upon  the  entire  amount  of  net  earnings  or  income.  Also, 
a  tax  of  five  per  cent,  on  all  interest  paid  to  bondholders  and 
other  creditors.  (For  all  these  taxes,  see  act  of  May  1,  1868.) 

An  individual,  wealthy  enough  to  furnish  a  hundred  thou- 
sand dollars  in  similar  business,  would  be  wholly  free  from 
these  exactions.  The  State  imposes  none  of  these  burdens 
upon  him.  It  does  not  keep  an  espionage  upon  his  business, 
or  demand  from  him  sworn  statements  of  his  annual  profits. 
It  discriminates  in  his  favor  against  the  association  of  small 
capitalists  which  it  professes  to  encourage.  And  without 
sharing  in  any  of  the  stockholder's  risks,  it  makes  itself  a 
partner  in  their  profits  and  follows  them  with  a  grasping  hand, 
and  a  never-ceasing  official  vigilance  of  an  inquisitorial  char- 
acter over  their  affairs. 

Such  conditions  are  unknown  to  the  laws  of  New  England, 
New  York  and  other  rival  manufacturing  States,  which,  with- 
out exception,  carefully  prohibit  duplicating  of  taxes  upon 
their  own  industry.  Stock  in  manufacturing  companies  is 
generally  taxed  by  them  at  its  value,  like  other  personal  pro- 
perty, but  first  the  value  of  all  real  estate  represented  by  the 
stock  is  deducted,  and  made  taxable  like  the  property  of 
other  individuals  in  the  region  where  the  lauds  are  located. 
It  is  by  such  liberal  provisions  that  these  States  have  fostered 


GOVERNOR   OF    PENNSYLVANIA.  11 

their  industries  and  maintained  a  monoply  of  capital  and 
supremacy  in  manufactures. 

The  western  and  southern  States,  for  many  years  our  cus7 
roniers,  are  beginning  to  be  our  rivals  :  and  desiring  to  draw 
to  themselves  the  benefits  flowing  from  diversified  industry, 
they  are  enacting  the  most  liberal  laws  for  the  encourage- 
ment of  corporate  and  individual  efforts  to  establish  manufac- 
tories, and  in  addition  to  this,  towns  and  cities  are  giving 
large  subsidies  to  secure  the  erection  of  mills  and  factories 
within  their  limits.  Notwithstanding  the  discovery  of  large 
bodies  of  coal  in  the  western  States,  and  their  close  prox- 
imity to  vast  masses  of  pure  ores,  Pennsylvania  would  still 
possess  at  least  equal,  if  not  superior,  attractions  for  the  in- 
vestment of  capital,  were  it  -not  for  her  oppressive  tax  laws  ; 
all  of  which  have  a  tendency  to  drive  capitalists  beyond  her 
borders  to  seek  locations  less  burdened  for  their  investments. 

Nothing  but  very  strong  necessity  could  justify  such  a 
variely  of  taxes  upon  the  same  thing.  And  if  any  justifica- 
tion ever  existed,  I  believe  it  to  exist  no  longer.  The  time 
has  come  when,  with  proper  diligence  in  collecting  and 
economy  in  expenditures,  the  State  can  well  afford  a  reduc- 
tion of  taxation  ;  and  legislation  in  that  direction  should  be 
such  as  to  relieve  the  undue  burdens  of  taxation  from  every 
form  of  productive  industry.  I  would,  therefore,  recommend 
that  the  enrolment  tax  upon  private  acts  chartering  indus- 
trial companies,  and  the  bonus  upon  stock  of  such  companies 
when  organized  under  general  laws,  be  considered  a  full 
equivalent  to  the  Commonwealth  for  the  privileges  of  a  char- 
ter; and  that  all  State  taxes  upon  capital  stock,  net  earn- 
ings and  dividends  of  manufacturing,  mining  and  improve- 
ment companies,  and  all  co-operative  associations,  be  re- 
pealed. This  reduction  will  amount  to  $549,554  23 — the  sum 
collected  last  year.  I  also  recommend  the  repeal  of  that 
source  of  revenue  known  in  the  Auditor  General's  report  as 
"  Tax  on  Loans,"  which  amounts  to  $492,407  28. 


12  ANNUAL   MESSAGE    OP   THE 

It  is  confidently  believed  that  with  these  proposed  reduc- 
tions, which  amount  to  $1,041,961  51,  the  State  can  still  pay 
all  her  current  expenses,  the  interest  on  the  public  debt,  and 
make  an  annual  reduction  of  at  least  one  million  five  hundred 
thousand  dollars  upon  the  principal. 

GEOLOGICAL  SURVEY. 

Numerous  communications,  signed  by*  many  enterprising 
and  intelligent  citizens,  continue  to  reach  me,  on  the  subject 
of  a  geological  and  mineralogical  survey,  urging  me  to  com- 
mend it  to  your  careful  consideration. 

In  my  annual  messages  of  1870  and  1871,  I  laid  before  the 
General  Assembly  the  necessity  for  a  continuation  of  the  sur- 
veys already  made,  in  order  that  the  mineralogical  resources 
of  the  State  should  be  more  fully  and  perfectly  ascertained ; 
and  expressed  the  opinion  that  the  results  would  be  interest- 
ing and  valuable,  not  only  to  our  citizens  individually,  but  to 
the  entire  country. 

Assurances  have  been  given  by  the  officers  of  the  "United 
States  Coast  Survey"  of  the  great  interest  they  will  take  in 
our  State,  in  the  event  they  carry  out  their  intention  to  cross 
the  continent  to  connect  the  "Ocean  lines  of  Coast  Surveys." 
This  connection  will  pass  through  Pennsylvania,  and  will  ma- 
terially assist  in  determining  and  establishing  one  or  more 
points  in  each  county  through  which  the  line  will  pass,  aid  in 
triangulating  so  far  as  to  enable  us  to  rectify  our  county  maps 
and  connect  them  in  a  correct  map  of  the  State.  And  as  the 
State  Geologist  progresses  with  his  studies  and  examinations, 
he  should  cause  to  be  accurately  represented  upon  the  cor- 
rected maps,  by  colors  and  other  appropriate  means,  the  va- 
rious areas  occupied  by  the  different  geological  formations, 
and  place  them  in  the  possession  of  the  people,  for  their  in- 
formation, prior  to  the  completion  and  publication  of  a  full 
account  of  the  survey. 

A  State  map  of  the  kind  indicated,  with  all  the  discoveries 
marked  in  proper  colors  thereon,  would  give  to  the  thousands 


OP    PENNSYLVANIA.  13 

of  visitors  from  our  own  country  and  from  foreign  lauds,  who 
will  attend  the  Centennial  celebration,  some  approximate  idea 
of  the  incalculable  wealth  beneath  the  soil  of  our  State  ;  and 
would  have  an  importance  in  their  sight  that  could  be  con- 
veyed to  them  in  no  other  possible  manner. 

The  expenses  of  a  geological  corps,  properly  organized,  and 
such  as  would  be  competent  to  perform  the  duties  required, 
have  been  carefully  estimated,  and  will  not  exceed  forty-five 
thousand  dollars  for  the  first  year,  and  need  not  be  quite  as 
much  annually  thereafter.  In  recommending  this  measure 
two  years  ago,  I  said  :  "  For  want  of  a  proper  bureau  of  sta- 
tistics,  and  a  corps  of  observation  and  publication  to  collate 
and  relate  the  facts  of  our  geology  and  mineralogy  as  they 
have  appeared,  the  State  has  already  suffered  severely.  Much 
valuable  information  has  been  lost,  never  to  be  recovered ; 
and  but  little  certain  knowledge  of  past  mining,  and  other 
scientific  operations,  has  been  preserved  to  govern  and  assist 
the  future  engineer.  It  is,  therefore,  neither  wise  nor  just 
policy  to  delay  this  work  under  the  pretext  that  it  may  be 
more  perfectly  effected  at  some  future  time.  There  is  a  pre- 
sent necessity  for  it,  though  the  time  never  will  come  when 
such  a  work  can  be  considered  perfect.  New  developments 
in  mineral  resources,  as  well  as  additional  acquirements  in 
scientific  knowledge,  will  constantly  be  made  as  long  as  the 
world  exists.  The  sooner,  therefore,  in  rny  opinion,  a  thor- 
ough survey  is  authorized,  the  better  it  will  be  for  the  pro- 
spective interests  of  the  State,  as  well  as  for  its  present  ne- 
cessities." 

The  golden  destiny  of  the  Pacific  States  may  well  be  en- 
vied ;  but  our  coal,  ore,  oil,  lumber  and  soil  are  a  much  better 
foundation  for  wealth  and  permanent  greatness  than  the  pro- 
ducts of  all  their  placers,  and  the  transient  prosperity  they 
have  produced.  Let  us  build  upon  an  enduring  basis  and  the 
world  will  forever  pay  a  golden  tribute  to  our  products  and 
industries — the  true  wealth  of  Pennsylvania. 


14  ANNUAL   MESSAGE   OF   THE 

BUREAU  OF  LABOR  STATISTICS  AND  OF  AGRICULTURE. 

By  an  act  approved  April  12,  1872,  establishing-  a  ''Bureau 
of  Labor  Statistics  and  of  Agriculture,"  the  Governor  was 
authorized  to  appoint  a  Commissioner  of  that  Department. 
Accordingly  Thomas  0.  Macdowell,  of  Dauphin  county,  was 
appointed.  He  immediately  established  his  office  in  the  Capi- 
tol building,  as  required  by  the  act,  and  commenced  the  work 
of  collecting  the  necessary  information  and  arranging  the 
statistical  tables,  in  proper  and  convenient  form  to  be  laid 
before  the  Legislature,  and  for  distribution  among  our  citi- 
zens. 

The  functions  of  the  commissioner  embrace  the  examina- 
tion of  nearly  all  the  varied  industries  of  the  State,  and  are 
defined  in  the  act  as  follows:  "The  duties  of  such  officer- 
shall  be  to  collect,  compile  and  systematize  statistics,  with 
reference  to  the  subject  of  labor  in  its  relations  to  the  social, 
educational,  industrial  and  general  condition,  wages  and 
treatment  of  all  classes  of  working  people,  and  how  the  same 
affect  our  pertuaueut  prosperity  and  productive  industry.  It 
shall  also  be  the  duty  of  such  Bureau  to  collect,  collate  and 
classify  statistics  relating  to  the  mineral,  manufacturing,  agri- 
cultural and  commercial  productions  of  this  Commonwealth." 
The  fourth  section  makes  it  the  duty  of  the  chief  of  such 
Bureau  to  report  annually  to  the  Legislature,  in  convenient 
form,  the  result  of  his  investigations. 

The  act  does  not  appropriate  any  money  to  defray  the  ne- 
cessary contingent  expenses  of  putting  the  Department  in 
working  order,  nor  does  it  prescribe  the  manner  of  obtaining 
the  information  required,  or  that  it  shall  be  furnished  ;  and  it 
leaves  the  commissioner  without  any  means  by  which  he  can 
obtain  it,  except  by  the  voluntary  act  of  those  engaged  in 
business.  These  were  evidently  over-sights  which  will  doubt- 
less be  corrected  by  an  appropriation,  and  by  the  passage  of 
such  enactments  as  will  enable  the  commissioner  to  procure, 


GOVERNOR    OF    PENNSYLVANIA.  15 

from  the  proper  sources,  the  information  required  to  cam- 
out  the  intent  and  meaning  of  the  law. 

When  it  is  remembered  that  Pennsylvania  ranks  second  in 
population  ;  second  in  manufactures  ;  sixth  as  a  wheat  grow- 
ing State,  and  first  in  point  of  mineral  wealth  and  resources, 
among  the  States  of  the  Union  ;  it  should  not  be  a  question 
of  dollars  and  cents,  whether  her  vast  and  varied  resources 
shall  be  left  to  be  developed  by  the  slow  process  of  casual 
discovery,  or  be  properly  introduced  to  the  notice  of  capital- 
ists at  home  and  abroad,  by  authorized  and  official  state- 
ments of  facts. 

The  information  that  will  be  furnished,  will  not  only  be  of 
great  practical  value  to  the  citizens  of  the  State,  but  it  will 
afford  the  representatives  of  the  people,  who  are  charged 
from  year  to  year  with  the  responsibilities  of  legislation,  the 
best  and  most  compendious  source  of  information,  the  im- 
portance of  which  can  only  be  estimated  by  experience. 

Pennsylvania  stands  pre-eminent  for  her  mineral  resources, 
possessing,  as  she  does,  the  only  known  anthracite  coal  fields, 
of  any  consequence,  whilst  her  iron  ores,  and  oil  are  a  source 
of  inexhaustible  wealth,  that  defies  computation.  A  few 
items  only  are  necessary  to  prove  the  correctness  of  these  re- 
marks. The  production  of  coal,  from  the  anthracite  regions, 
in  1820,  was  365  tons;  in  1870  it  reached  the  enormous 
amount  of  19,951,585  tons,  and  it  is  estimated  that  the  pro- 
duct will  be  swelled  in  1872,  to  upwards  of  22,000,000  tons. 
If  the  increase  in  the  production  of  anthracite  coal  has  been 
so  rapid  and  wonderful  in  a  period  of  fifty-two  years,  who 
can  estimate  its  growth  within  the  next  half  century  ?  The 
product  of  our  bituminous  coal  fields,  in  1870,  foots  up  14,- 
9u8,4G5  tons.  The  two  make  an  aggregate  of  34,920,050  tons 
for  that  year. 

Meanwhile,  the  development  and  growth  of  the  oil  pro- 
duction of  the  north-western  counties,  almost  challenges  the 
credulity  of  our  people.  From  August,  1859,  when  Drake 


1(>  ANNUAL   MESSAGE   OF   THE 

sunk  the  first  well,  to  the  close  of  1864,  the  production  was 
221,000,000  gallons,  yielding  the  sum  of  $29,820,000.  In 
1MU,  about  02,000,000  gallons  were  refined,  the  average  price 
of  which,  in  bond,  at  New  Yorkj  (sixty-two  cents  per  gallon,) 
gave  a  value  of  $38,440,000.  The  entire  production,  up  to 
1808,  was  327,<59i.),r>24  gallons,  equal  to  8,493,339  barrels  of 
crude  oil. 

There  is  no  doubt  the  future  reports  of  the  commissioner 
will  disclose  an  equally  rapid  increase  in  the  production  of 
oil,  and  other  facts  concerning  it  not  less  gratifying. 

The  remunerative  prices  paid  at  present  for  pig  metal  is 
inducing  the  erection  of  a  large  number  of  first  class  fur- 
naces, which  will  materially  increase  the  wealth  of  the  State, 
and  give  a  new  impetus  to  other  branches  of  business  depen- 
dent upon  their  products  for  active  and  profitable  results  in 
the  near  future. 

There  are  other  questions  of  much  interest  to  the  public 
welfare,  which  can  only  be  evolved  with  any  degree  of  cer- 
tainty by  careful  investigations  ;  such  as  those  affecting  the 
health,  comfort  and  general  well-being  of  the  people,  but  more 
especially  the  industrial  classes,  who  are  the  main  dependence 
of  the  State  for  its  continued  prosperity.  The  question  of 
labor,  in  all  its  relations,  is  one  that  constantly  engages  a 
large  share  of  attention,  and  the  subject  can  only  be  intelli- 
gently and  properly  legislated  upon,  after  the  researches  of 
the  statistician  are  laid  before  the  Legislature,  with  such  ac- 
companying testimony,  as  will  reduce  to  a  demonstration  the 
abuses  which  exist  in  our  social  system.  Much  might  be  said 
in  this  connection,  but  your  patience  shall  not  be  unduly 
taxed  by  more  extended  observations,  as  I  am  confident  the 
question  of  labor,  in  all  its  relations,  cannot  fail  to  engage 
the  serious  attention  of  enlightened  and  patriotic  representa- 
tives. 

In  view  of  all  the  facts  connected  with  the  Bureau  of  Sta- 
tistics, I  most  earnestly  bespeak  for  it  liberal  appropriations, 
as  well  as  the  fostering  care  of  the  Legislature. 


GOVERNOR   OF   PENNSYLVANIA.  17 

CONGRESSIONAL  APPORTIONMENT. 

On  the  night  prior  to  the  adjournment  of  the  Legislature 
at  its  last  session,  a  bill  was  submitted  for  ray  approval  ap- 
portioning the  State  into  Congressional  districts,  for  the  pe- 
riod of  .ten  years,  under  the  national  census  of  1870.  The 
enactment  was  highly  objectionable  in  many  of  its  features ; 
and  Congress  then  had  under  consideration  a  supplemental 
bill  proposing  an  increase  of  representatives,  that  would  give 
one  additional  member  to  this  State.  This  afterwards  be- 
came a  law,  thereby  giving  to  Pennsylvania  twenty-seven 
members  of  Congress  instead  of  twenty-six,  as  provided  for 
in  the  legislative  enactment  of  the  last  session.  The  latter 
having  failed  to  receive  Executive  approval,  the  Congression- 
al elections  last  October  were  held  under  the  former  law,  and 
the  three  additional  members  apportioned  to  the  State  were 
chosen  as  members  at  large  by  the  vote  of  the  whole  people. 
Hence,  the  duty  of  enacting  another  apportionment  bill  de- 
volves upon  the  present  Legislature,  and  I  request  for  it  that 
careful  and  patriotic  consideration  required  by  the  magnitude 
of  the  interests  involved. 

STATE  TREASURER, 

The  sixth  section  of  the  sixth  article  of  the  Constitution 
declares  that — 

4t  A  State  Treasurer  shall  be  elected  annually  by  joint  vote 
"of  both  branches  of  the  Legislature." 

But  the  Legislature,  by  joint  resolution,  passed  at  two  con- 
secutive sessions,  and  approved  by  popular  vote  at  the  last 
October  election,  has  amended  this  part  of  the  Constitution, 
by  striking  out  the  section  above  quoted,  and  inserting  in 
place  thereof  the  following : 

"A  State  Treasurer  shall  bo  chosen  by  the  qualified  elec- 
tors of  the  State,  at  such  times  and  for  such  term  of  service 
as  shall  be  prescribed  by  law." 


18  ANNUAL   MESSAGE    OF   THE 

The  adoption  of  this  amendment  will  be  officially  pro- 
claimed on  the  second  Tuesday  of  January,  1873,  and  will 
supersede  existing  laws  for  the  election  of  State  Treasurer  by 
the  Legislature.  Inasmuch  as  no  provision  seems  to  have 
been  made  by  law  for  filling'  this  office,  from  the  first  Monday 
of  May  next  until  an  election  can  be  had  by  the  people  under 
the  amended  Constitution,  I  invite  the  attention  of  the  Legis- 
lature to  this  condition  of  the  subject,  and  recommend  such 
action  as  will  carry  out  the  amendment,  and  in  the  meantime 
secure  so  important  an  interest  of  the  Commonwealth. 

CONSTITUTIONAL  CONVENTION. 

The  several  duties  imposed  upon  the  Executive  and  Secre- 
tary of  State,  by  the  act  of  the  last  session  authorizing  the 
convention,  were  duly  performed.  The  delegates  having  been 
chosen  at  the  October  election,  convened  in  this  city  on  the 
twelfth  day  of  November.  The  convention,  after  completing 
its  organization,  appointing  its  standing  committees,  and 
adopting  rules  for  its  government,  adjourned  to  meet  at  Phila- 
delphia on  the  seventh  of  the  present  month. 

A  careful  revision  of  our  fundamental  law  is  imperatively 
demanded  by  the  highest  considerations  of  public  welfare; 
and  it  is  confidently  hoped  the  action  of  that  bod\  may  be 
such  as  to  meet  the  just  expectations  of  enlightened  public 
opinion. 

SANCTITY  OF  THE  BALLOT-BOX 

Many  of  the  laws  now  upon  our  statute  books  were  de- 
signed to  fortify  the  ballot-box  against  corruption  and  fraud, 
but  practically  they  have  often  been  rendered  impotent  for 
that  purpose,  and  even  for  the  prevention  of  fal'se  returns. 
Numerous  complaints  have  been  made  to  me  on  this  subject 
by  many  highly  respectable  citizens,  who  have  requested  that 
I  would,  once  more,  urge  it  upon  the  attention  of  the  Legis- 
lature, and  ask  the  passage  of  more  stringent  enactments  for 


GOVERN  Oil   OF   PENNSYLVANIA.  19 

the  suppression  of  such  crimes  against  the  rights  of  the  citi- 
zen. Eedress  for  these  wrongs  is  expected  from  the  Consti- 
tutional Convention,  and  it  is  hoped  the  public  expectations 
will  be  realized.  It  is  believed,  however,  the  Legislature  can 
remedy  some  of  the  evils  complained  of,  and  your  attention 
is  earnestly  invited  to  the  subject,  in  order  that  whatever  is 
practicable  may  be  done  to  guard  the  purity  of  the  ballot-box, 
and  the  rights  of  electors. 

WRITS  OF  ERROR  IN  CIMIXAL  CASES. 

The  attention  of  the  Legislature  is  again  invited  to  the  im- 
portance of  writs  of  error  in  criminal  cases,  and  reference  is 
made  to  my  last  two  annual  messages  for  the  arguments  and 
reasons  why  there  should  be  additional  legislation  upon  this 
subject. 

EDUCATIOX. 

With  great  propriety,  the  Superintendent,  in  the  opening 
of  his  able  report,  congratulates  the  people  upon  the  con- 
tinued growth  and  prosperity  of  our  public  schools. 

Their  progress  is  clearly  indicated  by  comparing  the  ex- 
penditures of  the  last  six  years,  with  those  of  the  six  years 
prior  to  18G7,  viz  : 

Total  cost  for  tuition  from  1867  to  1872 $21,578,258  61 

Total  cost  for  tuition  from  1861  to  1866 12,745,061   71 


Increase $8,833,19690 


Total  expenditures  of  the  system  from  1867  to  1872,  $42,  952, 152  11 
Total  expenditures  of  the  system  from  1861  to  1866,     19,590, 149  51 

Increase $23,361,902  60 


Pennsylvania,  less  fortunate  than  many  of  her  sister  States, 
has  no  school  fund.  The  legislative  appropriations  amount 
only  to  about  six  hundred  thousand  dollars  annually;  but 


20  AXXUAL   MESSAGE   OF   THE 

the  people,  in  the  several  districts,  voluntarily  vote  all  other 
moneys  necessary  to  support  the  schools.  The  foregoing- 
statements  briefly  exhibit  the  deep  and  increasing  interest 
entertained  in  behalf  of  popular  education. 

Intelligence  and  virtue  are  conceded  to  be  indispensable 
conditions  of  the  permament  existence  and  prosperity  of  any 
form  of  government.  The  necessity  of  these  supports  in- 
creases in  proportion  as  the  area  of  freedom  and  privilege  is 
enlarged.  It  follows,  from  these  unquestioned  maxims,  that 
the  demand  for  general  education  is  more  imperative  in  the 
United  States  than  in  any  other  country.  Our  Constitution 
recognizes  the  people  as  the  inherent  source  of  all  power. 
All  participate  in  the  great  act  of  creating  the  country's 
rulers.  The  ballot  decides  all  questions  of  choice,  and  fills 
all  official  positions,  from  that  of  the  chief  magistrate  of  the 
nation  to  that  of  the  lowest  town  officer.  This  supreme  and 
resistless  power  of  universal  suifrage,  at  once  suggests  the 
absolute  necessity  of  universal  education.  The  truth  of  these 
premises  admitted,  no  argument  is  required  to  establish  the 
•conclusion. 

The  common  school  system  doubtless  owes  its  origin  to  a 
•common  conviction  that  no  people  can  be  properly  and  per- 
manently self-governing,  whose  intelligence  is  unequal  to 
•the  comprehension  of  their  rights,  privileges  and  responsi- 
bilities, or  whose  virtues  are  too  feeble  and  imperfect  to 
restrain  them  from  a  violation  of  those  duties  which  they 
•owe  to  their  Creator  and  to  each  other. 

When  the  system  was  introduced,  thirty-eight  years  ago, 
it  was  generally  viewed  in  the  light  of  an  experiment.  The 
act  creating  it  made  its  adoption  dependent  upon  the  vote  of 
the  people  in  their  respective  districts.  Their  reluctant  and 
tardy  acceptance  of  the  priceless  boon  is  neither  matter  of  sur- 
prise to  us,  nor  reproach  to  them,  when  all  the  circumstances 
lire  duly  considered.  Its  present  popularity  is  indicated  by 
;the  entire  absence  of  complaint,  and  a  still  more  significant 


GOVERNOR   OF    PENNSYLVANIA.  21 

readiness,  by  the  people,  to  assume  the  expenses  requisite  for 
its  constant  improvement  and  efficient  application.  Doubtless 
many  years  must  elapse  before  the  full  fruition  of  its  influences 
c'an  be  received,  but,  meanwhile,  it  will  be  gradually  mould- 
ing the  popular  mind  into  more  perfect  conformity  with  the 
requirements  of  our  free  institutions. 

Fortunately  the  old.  prejudice  against  the  system  no  longer 
•exists ;  but  indifference,  to  a  lamentable  extent,  occupies  its 
place.  From  the  report  of  the  Superintendent  it  appears  that 
the  number  of  children  in  the  State,  who  do  not  attend  school, 
•exceeds  seventy-five  thousand.  This  criminal  neglect  is  most 
prevalent  in  the  cities.  In  Philadelphia  twelve  per  cent,  of 
the  children  between  the  ages  of  five  and  fifteen  years  do  not 
attend  school.  But  more  significant  and  alarming  still,  of  the 
whole  number  registered  as  attendants,  forty-six  per  cent, 
are  absent  from  the  daily  sessions.  In  the  State  at  large  the 
unregistered  amount  to  six  per  cent.,  and  the  absentees  to 
thirty-three  per  cent.  And,  as  was  naturally  to  be  expected, 
the  resulting  ignorance  from  this  neglect  has  proved  a  fruit- 
ful source  of  crime.  Sixteen  per  cent,  of  the  inmates  of  the 
State  prisons  are  unable  to  read. 

Obviously,  therefore,  it  is  not  sufficient  that  the  State 
makes  ample  provision.  Such  measures  should  be  immedi- 
ately adopted  as  would  secure  a  universal  participation  of  the 
benefit.  The  children  are  not  to  blame.  They  naturally  pre- 
fer freedom  and  amusement  to  the  confinement  and  studies 
of  the  school  room.  Parents  and  guardians  are  the  parties 
with  whom  the  State  must  deal.  She  owes  it  alike  to  her  own 
peace  and  security,  and  to  the  highest  welfare  of  the  children 
who  are  to  be  her  future  citizens,  to  see  that  they  shall  be 
rescued  from  the  perils  of  ignorance. 

After  careful  and  anxious  deliberation  upon  all  the  facts, 
and  their  inevitable  consequences,  I  recommend  the  adop- 
tion of  a  compulsory  system  of  education.  That  a  law  to  this 
effect  will  encounter  objections  is  not  to  be  doubted ;  fr  ino 


'J'J  ANNUAL    MESSAGE    OP    THE 

view  of  the  probability  of  sucli  a  measure,  its  opponents  have 
already  commenced  to  marshal  their  forces. 

In  Norway,  Sweden  and  Prussia  this  system  was  first 
adopted,  and  such  have  been  its  salutary  effects  that  other 
ICuropean  governments  have  made  haste  to  follow  their  ex- 
ample. Austria,  admonished  by  the  defeat  at  Sadowa,  France 
by  the  crushing  disaster  at  Sedan,  a^d  England  by  the  possi- 
bility of  a  real  "battle  of  Dorking,"  have  decreed  by  statute 
shut  all  their  children  shall  be  taught  to  read  and  write,  in- 
fluenced by  a  conviction  that  knowledge  gives  increased 
prowess  in  war  as  well  as  capacity  and  integrity  for  the  peace- 
till  pursuits  of  life.  And  it  is  a  fact  of  striking  significance 
that  none  of  the  States  that  have  passed  such  enactments 
have  abandoned  or  repealed  them. 

In  passing  from  this  topic,  of  paramount  importance  to  the 
future  well-being  of  the  Commonwealth,  I  unhesitatingly 
express  the  hope  that  the  day  is  not  distant  when  through 
the  Bureau  of  National  Education,  seconded  by  the  concur- 
rent legislative  action  of  the  States,  every  child  in  the  Ameri- 
can Union,  without  reference  to  creed,  caste,  color  or  condi- 
tion, will  be  thoroughly  and  effectually  instructed  in  all  the 
elementary  branches  of  English  education  ;  and  that  uniform 
text  books,  setting  forth  the  true  history  and  theory  of  our 
National  and  State  governments,  will  be  provided  and  intro- 
duced into  all  the  schools  of  the  country.  Approximation  of 
thought  and  opinion  on  these  subjects  is  of  vital  consequence 
to  the  permanence  of  the  Union,  and  the  stability  of  our  re- 
publican institutions.  Had  such  a  measure  been  opportunely 
initiated  the  war  ot  the  rebellion  would  scarcely  have  been 
possible. 

Should  you  deem  your  powers  inadequate  to  enact  suitable 
laws  upon  this  subject,  the  Constitutional  Convention,  now 
in  session,  should  not  hesitate  to  habilitate  you  with  such 
authority,  and  thus  lend  their  aid  and  influence  in  making 


GOVERNOR   OF    PENNSYLVANIA.  23 

Pennsylvania  the  vanguard  in  the  great  mission  of  universal 
education. 

Fro:n  the  report  of  the  Superintendent  of  Soldiers'  Or- 
phans' schools,  and  other  sources,  I  feel  fully  authorized  in 
assuring  you  they  were  never  before  in  a  more  flourishing 
and  prosperous  condition. 

Every  child,  legally  eligible,  and  having  made  application, 
is  now  admitted  to  these  schools.  The  whole  number  of  ad- 
missions since  18^5  isG,429;  the  discharges  from  all  causes 
2,902,  leaving  in  attendance  3,527,  No  larger  number  will 
probably  hereafter  be  attained,  and  it  may  confidently  be  ex- 
pected that  this  number  will  be  subject  to  an  annual  reduc- 
tion of  at  least  500,  until  the  system  shall  have  accomplished 
its  mission. 

The  entire  expense  of  these  schools  to  the  State,  since  they 
went  into  operation  in  1865,  is  $3,407,543  11.  Their  cost 
(luring  the  last  year  was  $475,2-15  47.  It  is  estimated  by  the 
Superintendent  that  the  future  expense,  to  the  period  of  their 
linal  extinction,  will  not  exceed  one  million  five  hundred 
thousand  dollars. 

The  health  of  the  children  has  been  excellent.  Their  ex- 
emption from  small-pox,  while  it  was  prevailing  all  around 
them,  is  remarkable;  and  no  stronge:  evidence  of  good  man- 
agement and  the  propitious  results  of  systematic  vaccination, 
could  be  adduced.  The  exemplary  conduct  of  the  pupils 
after  their  discharge  is  one  of  the  most  gratifying  circum- 
.stances  connected  with  their  history.  The  following  state- 
irteut  of  the  Superintendent  will  be  highly  satisfactory  to  the 
Legislature  and  the  people:  ''From  the  beginning  of  these 
schools  to  the  present,  the  greater  part  of  the  children  who 
have  received  their  advantages  have  been  honorably  dis- 
charged. And  from  facts  in  the  possession  of  the  depart- 
ment, it  appears  that  more  than  ninety-eight  per  cant,  are  doing 
ii'rll,  and  win  likely  to  become  upright  and  useful  citizens" 


L>4  ANNCAL    MESSAGE   OP   TIIK 

Among'  the  States  of  the  American  Union,  Pennsylvania 
stands  pre-eminent  in  her  "care  for  the  soldier  who  has  borne 
the  battle,  and  for  his  widow  and  orphan  children,"  Her  noble 
scheme  for  clothing1,  educating*,  maintaining  and  adopting  the 
orphan  children  of  her  soldiers  who  gave  their  lives  in  defense 
of  the  National  Union,  is  her  own  invention.  In  this  the  gen- 
erosity of  her  people  has  been  imitated,  but  not  equalled  by 
those  of  any  other  State.  To  her  will  forever  be  accorded 
the  leadership  in  this  work  of  patriotic  benevolence.  It  will 
form  the  brightest  page  of  her  history.  It  will  seal  the  de- 
votion of  her  people  to  the  common  country  ;  and  our  legis- 
lators, in  view  of  its  benign  influences,  will  continue  to  accord 
a  cheerful  and  liberal  support  to  a  system  so  fruitful  in  bles- 
sing to  the  orphan  children  of  our  martyred  heroes. 

Upon  no  material  interest  of  the  State  is  the  influence  of 
education  more  salutory  than  that  of  agriculture.  Pennsyl- 
vania, by  wise  legislation,  has  authorized  the  purchase  of  threo 
experimental  farms,  and  the  establishment  of  a  college,  all 
of  which  are  now  in  successful  operation,  and  the  results  of 
the  scientific  working  of  the  farms  have  already  added  much 
practical  knowledge  upon  the  general  subject. 

The  Agricultural  College  has  j',.st  closed  a  most  prosperous 
year — the  number  of  students  being  one  hundred  and  fifty — 
which  exceeds  that  of  any  year  since  the  opening  of  tlie  in- 
stitution. Any  one,  of  three  courses,  is  optional  to  the  stu- 
dents, viz  :  Agricultural,  scientific  or  classical,  to  all  of  which 
is  added  a  general  course  of  military  instruction. 

The  admission  of  females,  which  was  first  permitted  sixteen 
months  ago,  has  thus  far  worked  exceedingly  well.  Thirty 
young  women  have  availed  themselves  of  the  opportunity 
thus  afforded  to  obtain  a  first-class  education. 

All  students  are  taught  to  regard  labor  as  beneficial  and 
honorable.  The  rule  of  the  college  requiring  ten  hours  manual 
labor  per  week  from  the  students  is  cheerfully  complied  with, 
and  results  advantageouslv  to  their  health  and  comfort. 


GOVERNOR  OF    PENNSYLVANIA.  25 

This  State  institution  is  pre-eminently  the  People's  College. 
Its  preparatory  department  receives  students  at  a  low  grade, 
as  well  as  tliose  more  advanced.  This  school  is  "cheap  enough 
for  the  poorest  and  good  enough  for  the  richest,"  either  hi  rnind 
or  estate ;  and  it  aifords  healthful  exercise,  instruction  'in  use- 
ful labor,  and  free  tuition  in  every  branch  of  its  ample  courses 
of  study. 

THE  NATIONAL  GUARD. 

For  the  details  of  the  organization  of  the  National  Guard, 
and  the  general  business  of  the  Adjutant  General's  Depart- 
ment, your  attention  is  invited  to  the  accompanying  report 
of  that  officer. 

At  the  close  of  the  late  war  the  State  was  without  a  single 
military  division,  and  the  few  scattered  companies  which  ex- 
isted at  its  commencement  had  been,  generally,  disbanded 
by  the  enlistment  of  their  members  in  the  active  military  ser- 
vice of  the  General  Government. 

In  18GG  the  militia  of  the  State  comprised  only  eight  volun- 
teer companies.  Since  then  four  hundred  and  eighty-three 
have  been  organized  and  one  hundred  and  sixty-eight  dis- 
banded— the  latter  principally  on  account  of  the  almost  en- 
tire want  of  encouragement  and  support  from  the  State,  and 
their  own  inability  to  maintain  themselves.  To  this  fact  is 
mainly  attributable  the  reduction  of  the  volunteer  force  in 
the  First  division  (Philadelphia)  during  the  past  year.  The 
Legislature,  at  its  last  session,  having  repealed  all  laws  by 
which  any  military  fund  could  be  raised  in  that  division,  left 
its  organizations  entirely  dependent  upon  themselves  and  the 
voluntary  contributions  of  citizens. 

The  organizations  of  the  National  Guard,  not  yet  disbanded, 
consist  of  fifteen  regiments  and  six  battalions ;  comprising, 
with  unattached  bodies,  three  hundred  and  twenty-three 
companies,  viz  :  Six  artillery,  eight  cavalry,  and  three  hun- 


2fi  ANNUAL    MUSS  AGE    OF    THE 

died  and  nine  infantry.     The  aggregate  of  enlisted  men  is 
13.50  i,  and  of  commissioned  officers  1,12G. 

Convinced  of  the  necessity,  in  time  of  peace  as  well  as  in 
war,  of  an  efficient  military  force  to  maintain  the  civil  au- 
thority, I  have  at  all  times  entertained  a  deep  interest  in  the 
military  department  of  the  State,  and  it  affords  me  pleasure 
to  say  that  the  present  condition  of  our  volunteer  organiza- 
tions is  as  complete  as  is  practicable  under  the  admitted  im- 
perfections and  illiberal  provisions  of  our  military  laws. 

Where  "the  greater  security  of  life  and  property"  is  the 
question  involved,  it  would  seem  superfluous  to  employ  argu- 
ments to  convince  any  property  holder,  business  man,  or  good 
citizen,  that  it  was  his  individual  interest  to  support  a  system 
designed  to  uphold  the  civil  authority.  But  as  practical  illus- 
trations, of  recent  date,  I  may  refer  to  the  scenes  of  July, 
1871,  in  the  city  of  New  York,  as  well  as  to  those  enacted  in 
our  own  State,  at  Scranton,  during  the  months  of  April  and 
May,  of  the  same  year,  and  still  more  recently  followed  by 
the  disturbance  of  the  public  peace  in  July  last,  which  so 
seriously  threatened  the  city  of  Williamsport.  The  civil  arm 
of  the  law  was  paralyzed,  and  peaceable  citizens  were  at  the 
mercy  of  the  rioters.  Appeals  came  from  the  civil  authorities 
and  the  people,  for  the  protection  of  the  military  against  tu- 
mult which  they  were  unable  to  quell.  The  military  of  the 
iwirest  divisions  promptly  responded  to  the  call  of  the  Execu- 
tive, the  majesty  of  the  civil  law  was  vindicated  in  the  sup- 
pression of  the  disorder,  and  at  comparatively  trilling  cost  to 
the  State,  the  peace  and  quiet  of  two  of  her  flourishing  cities 
were  restored,  immensely  valuable  property  preserved,  and 
very  many  honest  and  industiious  laborers  enabled  to  resume 
the  work  on  which  the  subsistence  of  themselves  and  their 
families  depended.  Such  occurrences  surely  demonstrate  both 
the  value  and  necessity  of  a  well  organized  and  thoroughly 
disciplined  National  Guard  to  maintain  the  civil  authority.  1 
cite  these  circumstances  as  an  act  of  official  duty,  and  from  a 


GOVERNOR   OF    PEXNSYLVAMA.  27 

desire  to  avail  myself  of  this  opportunity  of  leaving  on  re- 
cord my  appreciation  of  the  importance  of  such  action,  on 
your  part,  as  will  maintain  a  well  equipped,  disciplined  and 
reliable  State  military  force. 

For  a  full  statement  of  the  disturbances  at  Williamsport, 
and  of  the  operations  of  the  military  called  into  service,  on 
appeal  of  the  civil  authorities,  you  are  referred  to  the  official 
statement  of  Major  General  Jesse  Merrill,  commanding-  the 
llth  Division,  which  appears  at  length  in  the  Adjutant 
General's  report. 

The  discreet  and  judicious  conduct  of  the  Major  General, 
and  the  officers  and  men  under  his  command  on  that  occa- 
sion, not  only  won  the  approval  of  the  citizens  of  that  com- 
munity, but  entitles  them  to  general  commendation. 

Provision  should  be  promptly  made  for  the  payment  of 
the  expenses  necessarily  incurred  on  pay  rolls  and  accounts 
duly  audited  and  certified  by  the  proper  officers;  the  amount 
of  which  will  not  exceed  fifteen  thousand  dollars. 

PICTURE  OF  THE  BATTLE  OF  GETTYSBURG. 

The  period  determined  upon  by  the  Legislature  for  the 
delivery  of  the  picture  of  the  ba'ttle  of  Gettysburg,  painted 
for  the  State  by  P.  F.  Itotbermel,  artist,  having  arrived,  no 
place  in  the  Capitol,  or  other  public  buildings  at  Harrisburg, 
was  found  suitable  for  its  reception  and  exhibition.  Finding 
that  the  picture  could  not  long  remain  rolled  up  without 
considerable  injury,  and,  perhaps,  total  destruction;  with  the 
approval  of  several  members  of  the  Senate  and  of  the  Mouse, 
I  consented  to  place  it  in  the  hands  of  the  Park  Commis- 
sioners of  Philadelphia,  subject  to  the  order  of  the  Legisla- 
ture. 

A  building  HO  feet  long  and  43  feet  wide  has  been 
erected  in  Fairmonnt  Park  for  the  reception  of  this  his- 
toric painting,  within  a  few  Hundred  feet  of  the  Green  street 
entrance.  The  site  is  the  very  best  that  could  have  been 


1>S  ANNUAL   MESSAGE   OP   THE 

selected  to  afford  the  public  easy  access.  The  gallery  is  per- 
fectly adapted  for  the  safe  keeping  and  proper  exhibition  of 
the  picture. 

RECORDING  DOCUMENTS  AND  BINDING  LAW  BOOKS. 

Under  existing  laws  many  important  documents  are  filed 
in  the  office  of  the  Secretary  of  the  Commonwealth,  which, 
for  greater  security,  ought  to  be  recorded  in  suitable  books 
for  that  purpose.  Prominent  among  those  referred  to  may 
be  enumerated  papers  relating  to  the  merger  and  consolida- 
tion of  railroad  companies;  the  increase  of  capitalstock  and 
bonded  obligations  of  corporations  under  both  general  and 
special  laws;  correction  of  errors,  and  confirming  corporate 
organizations;  extension  of  charters  and  dissolution  of  cor 
porations ;  the  change  of  name  of  corporations  and  the  loca- 
tion of  their  principal  offices;  the  acceptance  of  the  provi- 
sions of  acts  of  Assembly  by  corporations ;  and  contracts  to 
which  the  State  is  a  party.  This  list  might  be  extended,  but 
enough  -has  been  given  to  indicate  the  grave  importance  of 
the  interests  involved,  and  the  necessity  for  the  utmost  care 
in  preserving,  in  proper  and  accessible  shape,  the  evidence  of 
such  transactions.  1  therefore  recommend  such  enactments 
as  will  confer  the  authority  required  upon  the  Secretary  ot 
the  Commonwealth. 

The  State  authorizes  the  publication  of  the  statute  laws, 
and  the  distribution  of  them  to  sundry  enumerated  officers 
and  persons.  Justices  of  the  peace  and  aldermen  arc  required 
to  carefully  preserve  the  copies  received  by  them  and  hand 
them  over  to  their  successors  in  office.  But  the  annual  vol- 
umes being  large,  and  bound  only  in  paper  covers,  it  is  almost 
impossible  to  preserve  them  whole  for  any  reasonable  time. 
I  recommend  the  passage  of  a  law  requiring  them  to  be  pro- 
perly bound  before  distribution. 


GOVERNOR   OF    PENNSYLVANIA.  2i) 

BOARD  OF  PUBLIC  CHARITIES. 

.The  eminent  and  philanthropic  gentlemen,  composing  the 
Board  of  Public  Charities  have  carefully  investigated  a  num- 
ber of  subjects  which  they  deemed  of  sufficient  importance 
to  lay  before  the  Legislature.  Among  them  may  be  specially 
noticed  Prison  Discipline, — a  question  now  generally  occupy- 
ing the  attention  of  statesmen  and  philanthropists  through- 
out the  civilized  world ;  the  condition  and  treatment  of  the 
insane  and  the  workings  of  that  class  of  institutions  known 
as  local  charities,  founded  and  conducted  for  benevolent  pur- 
poses. These  asylums  are  located  in  various  parts  of  the  State, 
mostly,  however,  in  Philadelphia  and  Pittsburg.  They  arc 
performing  an  excellent  work — relieving  the  sick,  indigent, 
infirm  and  neglected  portions  of  our  population.  The  Gen- 
eral Agent  has  devoted  a  considerable  portion  of  his  time  to 
their  inspection,  the  results  of  which  will  appear  in  his  able 
report  to  the  Board,  in  which  he  exhibits  their  character  and 
the  large  amount  of  private  charity  bestowed  upon  them. 

This  Board  was  organized  during  my  administration,  and 
I  have  entertained  a  deep  and  lasting  interest  in  its  labors. 
The  gentlemen  who  compose  it  voluntarily  devote  their  time, 
without  compensation,  to  this  noble  work  of  benevolence. 
The  impress  of  their  intelligent  efforts  is  every  where  per- 
ceptible ;  and  the  large  annual  contributions  of  the  State  to 
charitable  institutions  have,  under  their  supervision  and  ex- 
amination, been  properly  and  systematically  applied. 

The  third  volume  of  their  reports  will  be  submitted  at  an 
early  day.  It  will  present  a  large  amount  of  statistical  in- 
formation, and  many  interesting  facts  and  valuable  sugges- 
tions upon  subjects  of  great  importance.  I  cannot  too 
strongly  commend  this  Board — the  great  regulator  of  State 
charities — to  the  favorable  consideration  of  the  Legislature, 
and  recommend  such  appropriations  for  expenses  and  addi- 
tional enactments  as  may  be  necessary  to  increase  its  efficiency. 


30  AVNU.VL  MESSAGE  OP  THE 

PENITENTIARIES  AND    REFORMATORIES. 

From  a  personal  inspection  of  the  penitentiaries,  I  am  able 
to  bear  testimony  to  tbe  evidences  that  were  everywhere  mani- 
fested of  their  general  good  management  and  excellent  dis- 
cipline. 

The  Eastern  penitentiary  has  long  been  deservedly  re- 
garded as  the  model  prison  in  which  the  "separate"  or  "indi- 
vidual treatment"  system  of  imprisonment  is  applied,  and  the 
annual  reports  of  its  faithful  Board  of  Inspectors,  embracing 
their  observations  and  investigations,  show  that  they  have  ele- 
vated the  subject  of  crime-punishment  almost  to  the  dignity  of 
a  science. 

Among  the  circumstances  that  attracted  my  attention  was 
the  insufficient  number  of  cells  to  carry  out  the  "solitary  con- 
finement" principle,  and  the  incarceration  there  of  a  number 
of  boys  and  youths  for  first  offences,  and  of  females  untrained 
in  crime.  Sometimes  two  or  more  in  one  cell  were  thus  uu- 
avoidaoly  brought  into  associations  which  could  scarcely  fail 
to  produce  contamination  of  character  and  morals.  I  would, 
therefore,  recommend  that  the  Legislature  enable  the  courts 
to  sentence  minors  and  females  to  the  county  prisons,  where 
with  proper  teaching — training  in  some  handy-craft  business- 
anil  with  due  attention  given  to  discipline,  the  object  of  pun- 
ishment would  be  more  effectually  attained ;  and  the  peni- 
tentiary, thus  relieved,  would  have  cells  sufficient  for  all  ordi- 
nary purposes.  It  is  a  great  mistake  in  almost  all  cases  of 
minors  convicted  for  their  first,  and  often  trivial  offence,  to 
send  them  to  a  State's  prison ;  because  the  punishment  is  less 
in  its  effect  than  the  idea  of  degradation  in  the  after-life  of 
the  prisoner.  Such  persons  should  be  punished  in  the  locality 
where  the  crime  was  committed,  and  the  disgrace  would  not 
be  so  likely  to  permanently  affect  the  character  after  the  dis- 
charge of  the  prisoner. 

From  1829  to  1871,  inclusive,  only  three  hundred  and  forty- 
six  femaleg  were  received  in  the  Eastern  penitentiary,  and  of 


GOVERNOR   OP     PENNSYLVANIA.  31 

this  number  one  hundred  and  twenty-seven  were  minors. 
These  facts  would  fully  justify  the  propriety  of  such  action 
by  the  Legislature  as  has  been  suggested. 

The  Western  penitentiary  contains  ample  space  for  present 
demands.  It  is  conducted  on  the  "combined"  system  of  "soli- 
tary" and  "congregate"  imprisonment,  the  workings  of  which 
are  giving  entire  satisfaction  to  all  concerned. 

The  commissioners  from  this  State  to  the  International  Pri- 
son Congress,  lately  held  in  London,  England,  report  that 
twenty-one  governments  were  represented,  principally  by 
men  who  have  made  criminal  legislation  and  penal  treatment 
a  study.  America  sent  seventy-three  delegates,  representing 
penitentiaries,  asylums  and  reformatory  institutions.  Among 
these  were  many  experts  in  every  branch  of  penology.  The 
deliberations  of  the  Congress  continued  ten  days.  Its  results 
are  difficult  to  estimate ;  but  it  is  hoped  the  great  interests 
of  humanity  involved  in  the  proper  treatment  of  crime  will 
be  happily  subserved  among  all  civilized  nations. 

The  managers  of  the  "Pennsylvania  Reform  School"  (late 
the  Western  House  of  Refuge)  propose  to  change  their  loca- 
tion from  Allegheny  City  to  a  farm,  containing  503  acres,  in 
Washington  county,  seventeen  miles  from  Pittsimrg,  near 
the  Chartiers  Valley  railroad,  and  adopt  for  its  government 
the  best  features  of  what  is  known  as  the  "family  system"  of 
juvenile  reformatories.  These  will  mainly  consist  in  the 
abandonment  of  walls,  bolts  and  bars  for  confining  the  chil- 
dren ;  and  in  an  earnest  effort  govern  them  through  sympa- 
thy and  kindness,  and  prepare  them  for  useful  occupations. 

The  Board  will  ask  an  additional  appropriation  to  pay  for 
the  land  and  improvements. 

SANITARY  REGULATIONS. 

Of  all  my  official  recommendations,  I  deem  those  most 
important  which  relate  to  the  public  health.  Facilities  for 
the  material  development,  and  the  accumulation  of  wealth, 


32  ANNUAL   MESSAGE   OF    THE 

estimated  at  their  highest  value,  are  of.  but  minor  consequence 
when  compared  with  the  preservation  of  life  itself.  "All  that 
ji  man  hath  will  he  give  for  his  life !  "  At  the  time  of  pre- 
senting my  last  annual  message,  small-pox  was  fearfully 
prevalent  in  Philadelphia  and  in  many  towns  and  populous 
districts  of  the  State.  I  then  called  attention  to  the  subject, 
and  in  the  strongest  terms  at  my  command,  urged  the  im- 
perative necessity  of  adopting  such  measures  as  would  arrest 
the  disease  and  prevent  its  re-appearance.  My  suggestions, 
however,  were  utterly  unheeded  by  the  Legislature.  The 
dreadful  scourge  extended  itself  into  the  first  half  of  the  past 
year,  and^  in  the  absence  of  well  known  preventives,  it  would 
be  presumption  not  to  expect  its  annual  return.  Neither  tin- 
extent  of  its  ravages,  nor  the  fatal  character  of  the  disease, 
last  year,  is  generally  known  to  the  public,  or,  I  am  confi- 
dent, there  would  have  been  such  an  outcry  as  would  have 
compelled  immediate  attention  and  relief.  Among  the  un- 
vaccinated,  the  ordinary  proportion  of  deaths  has  been  thirty- 
three  per  cent. ;  but  the  recent  death-rate  in  Philadelphia 
amounted  to  nearly  forty-seven  per  cent.  This  is  fearful 
to  contemplate,  and  yet,  more  fearful  still — the  fatal  per- 
centage has  been  nearly  sixty-six  in  the  country  at  large. 
This  is  mainly  the  result  of  an  indifference,  so  reckless,  as  to 
be  absolutely  unaccountable.  I  am  thoroughly  convinced, 
that  the  deplorable  results  now  alluded  to,  might  have  been 
prevented,  by  opportune  legislation.  The  testimony  of  the 
most  scientific  schools  is  to  the  effect  that  vaccination,  pro- 
perly administered,  is  a  sovereign  antidote.  The  highest 
medical  authorities  unqualifiedly  affirm  small-pox  to  be  a 
disgrace  to  any  civilized  land ;  that  there  is  no  necessity  for 
its  presence,  and  that  if  every  person  were  properly  vacci- 
nated every  seven  years,  the  disease  might  be  utterly  exter- 
minated. I  am  assured  of  the  correctness  of  this  opinion  by 
my  personal  observations  in  the  army,  both  in  Mexico  and 
tlie  United  States.  Soon  after  our  camps  were  pitched  upon 


GOVERNOR  OP    PENNSYLVANIA.  33 

Mexican  soil,  the  disease  made  its  appearance  among  our 
troops.  By  an  order  from  General  Scott,  the  whole  army 
was  immediately  vaccinated,  and  the  small-pox  was  at  once 
driven  from  our  lines.  The  same  result  followed  the  appli- 
cation of  the  same  remedy  in  the  army  of  General  Sherman, 
during  his  famous  march  u  to  the  sea,"  and,  more  recently,  in 
our  very  midst  we  have  been  favored  with  an  illustration 
equally  striking  and  conclusive:  Our  schools  of  soldiers' 
orphans,  in  which  there  are  upwards  of  thirty-five  hundred 
children,  being  under  the  absolute  control  of  the  State  au- 
thorities, a  regulation  enforcing  universal  vaccination,  could 
be,  and  was,  adopted.  The  result  is,  that  not  a  single  case 
of  small-pox  has  occurred  in  them. 

My  object  in  submitting  these  remarks  to  you  is  not  so 
much  for  the  purpose  of  convincing  you  of  the  truth  of  a 
proposition  which  but  few  attempt  to  dispute,  as  to  ask  the 
immediate  enactment  of  remedial  measures.  It  remains, 
therefore,  only  to  consider  how  the  object  to  be  sought  may 
be  most  speedily  and  effectually  accomplished.  In  reply  to 
this  question,  I  earnestly  recommend  the  passage  of  an  act 
providing  for  compulsory  vaccination,  which  should  have  such 
penalties  annexed  as  would  insure  its  undoubted  enforcement. 

I  also  recommend  an  enactment  establishing  a  State  Board 
of  Health,  whose  functions  shall  be  discharged  under  the  aus- 
pices of  the  Legislature.  Such  an  organization  would  be  in- 
dispensable to  the  vigorous  and  comprehensive  execution  of 
a  law  making  vaccination  compulsory,  and  would  be  emi- 
nently serviceable  in  enforcing  such  other  sanitary  regula- 
tions as  might  be  deemed  essential  to  the  protection  of  the 
public  against  small-pox  and  other  contagious  diseases.  The 
State  Board  might  be  constituted  somewhat  upon  the  model 
of  the  Board  of  Public  Charities,  with  the  addition  of  local 
boards  for  the  counties,  cities  and  larger  towns.  The  expense 
of  such  a  system  would  not  be  worth  a  thought,  when  com- 
pared with  the  value  of  the  benefits  that  would  be  conferred 
3 


34  ANNUAL  MESSAGE   OF   THE 

by  its  operation.  At  all  events,  it  would  be  rar  less  than  the 
cost  in  human  lives  annually  sacrificed  by  the  diseases  it 
would  be  designed  to  prevent.  It  is  not  possible  to  estimate 
correctly  such  values.  But  for  the  purpose  of  illustration,  the 
calculation  of  an  eminent  physician  may  be  accepted.  Dr. 
Ackland,  of  England,  sets  down  every  death  by  a  preventa- 
ble disease  as  a  loss  in  money  of  £100,  and  <£L2  for  loss  of 
time  and  maintenance  during  the  period  of  sickness.  Accord- 
ing to  this  standard  Pennsylvania  lost  during  the  last  two 
years  by  small-pox  alone  more  than  $5,000,000. 

From  a  joint  report  made  to  me  by  the  Health  Officer  and 
Port  Physician  of  Philadelphia,  I  learn  that  the  health  laws 
of  that  city  and  port  are  in  a  very  confused  and  unsatisfactory 
condition.  These  gentlemen,  in  effect,  say  that  the  first  com- 
prehensive health  law  was  passed  in  1818 ;  that  continuous 
additions  have  been  made  since  that  time ;  that  while  some 
of  the  laws  have  been  repealed,  others  have  became  inopera- 
tive and  obsolete ;  that  if  certain  of  these  were  revived  and 
enforced  their  execution  would  inflict  positive  injury,  and,  in 
short,  that  the  whole  system  imperatively  requires  a  thorough 
revision.  I  have  good  reason  to  endorse  the  truth  of  these 
statements,  and  I  earnestly  recommend  the  whole  subject  to 
your  early  and  considerate  action,  and  that  the  amendments 
which  you  may  make  for  the  better  protection  of  the  health 
and  general  well-being  of  Philadelphia  be  extended  as  far  as 
practicable  to  the  whole  State. 

CAPITOL  AND  CAPITOL  GROUNDS. 

The  apartment  in  the  Capitol  building,  familiarly  known  as 
the  "Office  of  the  State  Historian,"  has  been  tastefully  fitted  up 
for  the  reception  and  display  of  the  battle- flags  carried  by  our 
soldiers  in  the  war  of  the  rebellion,  in  accordance  with  a  reso- 
lution to  that  effect  passed  by  the  Legislature  at  its  last  ses- 
sion. 


GOVERNOR   OF   PENNSYLVANIA.  35 

For  the  purpose  of  irrigating  and  beautifying  the  Capitol 
grounds,  I  recommend  that  you  authorize  the  construction  of 
at  least  two  ornamental  fountains. 

I  renew  my  recommendation  for  the  purchase  of  a  few 
small  lots  at  the  eastern  corner  of  the  grounds  necessary  to 
the  completion  of  the  square,  and  that  the  iron  fence  enclos- 
ing them  be  completed. 

GOVERNOR'S  SALARY. 

As  no  charge  of  selfishness  can,  at  this  juncture,  attach  to 
me,  I  frankly  remind  you  that  the  compensation  of  the  Gov- 
ernor is  entirely  inadequate  to  enable  him  to  live  in  a  style 
corresponding  to  his  position,  and  the  reasonable  expectations 
of  the  people  of  so  great  a  Commonwealth.  The  truth  of 
these  assertions  is  so  obvious  that  no  argument  is  required 
for  their  confirmation. 

The  Constitution  declares  in  section  VI,  of  article  II,  "The 
Governor  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation, which  shall  be  neither  increased  nor  diminished 
during  the  period  for  which  he  shall  have  been  elected." 

Should  the  Legislature  concur  with  me  as  to  the  propriety 
of  increasing  the  compensation  of  the  Executive  to  ten  thou- 
sand dollars  per  annum,  1  recommend  that  it  be  done  prior  to 
the  twentieth  of  January,  as  on  that  day  the  period  for  which 
my  successor  has  been  elected  will  begin. 

IX  MEMORIAM. 

It  has  heretofore  been  my  sad  duty  to  chronicle  the  de- 
parture of  distinguished  citizens  from  spheres  of  usefulness 
to  that  realm  of  eternal  silence,  from  which  no  traveler  re- 
turns. Among  them  may  be  enumerated  three  ex-Governors ; 
and  now  I  am  called  upon  to  announce  the  decease  of  another 
who  has  occupied  the  Executive  chair. 


.'Hi  ANNUAL  MESSAGE   OP  THE 

WILLIAM  F.  JOHNSTON  was  born  November  29,  1808,  at 
Greensburg,  Westmoreland  county,  and  died  at  Pittsburir, 
October  25,  1872,  in  the  sixty-fourth  year  of  his  age. 

He  was  admitted  to  the  bar  in  1829,  and  was  subsequently 
a  member  of  the  House  of  Representatives,  and  of  the  Senate. 
As  speaker  of  the  latter,  he  became  acting  Governor  upon 
the  resignation  of  Francis  E,  Shunk.  He  was  afterwards 
nominated  by  the  Whigs,  and  elected  to  the  Chief  Magis- 
tracy. He  filled  the  office  with  honor  and  marked  ability. 
After  the  expiration  of  his  term  he  devoted  his  time  to  the 
construction  and  management  of  railroads  and  the  develop- 
ment of  the  resources  of  the  western  portion  of  the  State, 
He  was  endowed  with  strong  natural  abilities,  was  genial  in 
manners  and  faithful  in  friendship.  His  services  to  the  Com- 
monwealth will  not  soon  be  forgotten.  I  trust  the  Legisla- 
ture will  do  justice  to  his  memory  by  appropriately  noticing 
his  death. 

It  is  with  profound  sorrow,  also,  that  I  announce  to  you,  offi- 
cially, the  death  of  Major  General  GEORGE  GORDON  MUADE. 
He  died  in  Philadelphia,  November  6, 1872,  in  the  fifty-sixth 
year  of  his  age. 

It  is  impossible,  within  the  brief  space  allowed,  to  give  an 
extended  notice  of  the  services  of  one  so  eminently  distin- 
guished. He  was  a  graduate  of  the  Military  Academy  at 
West  Point;  and  served  with  distinction  in  the  Seniinole  and 
Mexican  wars,  and  as  a  Topographical  Engineer  in  time  of 
peace.  At  the  commencement  of  the  recent  Civil  war,  his 
services  were  tendered  to  and  accepted  by  the  Government. 
From  the  rank  of  Brigadier  General  he  rose  through  the 
grades  of  Division  and  Corps  Commander,  and  was  on  the 
twenty-eighth  day  of  June,  1863,  without  solicitation,  ap- 
pointed, by  President  Lincoln,  Commander-in-Chief  of  the 
Army  of  the  Potomac ;  and  although  he  leaves  behind  him 
an  undying  record  of  his  brilliant  and  heroic  deeds  wherever 
he  was  called  into  action,  his  name  will  be,  particularly  and 


GOVERNOR   OP    PENNSYLVANIA.  37 

forever,  associated  with  the  glory  of  the  great  turning  battle 
of  the  war — fought  at  Gettysburg,  on  the  first,  second  and 
third  days  of  July,  1863. 

General  Meade  remained  in  the  regular  army  until  the  time 
of  his  death.  He  was  an  accomplished  gentleman,  possess- 
ing a  highly  cultivated  intellect,  sound  judgment,  and  great 
integrity  of  character.  But  it  is  to  his  distinguished  services 
upon  the  soil  of  Pennsylvania,  which  has  so  intimately  iden- 
tified his  memory  with  the  defence  of  the  nation,  in  the  hour 
of  its  extremest  peril,  that  I  invoke  your  special  attention. 
Pennsylvania  cannot,  will  not  be  ungrateful  for  such  services. 
She  will  desire,  with  appropriate  honors,  to  perpetuate  the 
fame  of  her  departed  chieftain.  I  recommend  an  appropria- 
tion for  the  erection  of  a  monument  to  his  memory  upon  the 
battle-field  of  Gettysburg ;  and  such  other  legislation  as  will 
be  alike  suitable  to  the  occasion  and  honorable  to  the  Com- 
monwealth. 

PARDONS,  COMMUTATIONS  AND  EXECUTIONS. 

No  department  of  the  State  government  has  imposed  upon 
it  such  difficult  and  embarrassing  duties,  or  such  weighty 
and  disagreeable  responsibilities,  as  the  pardoning  power 
devolves  upon  the  Executive. 

That  a  few  pardons  may  have  been  unworthily  granted, 
through  the  misrepresentations  of  relatives,  neighbors,  or 
other  interested  parties,  or  even  by  affidavits  afterwards  dis- 
covered to  have  been  designedly  false,  may  be  frankly  con- 
ceded; and  that  some  who,  perhaps,  were  more  deserving, 
have  been  refused,  from  want  of  proper  representations  of 
facts,  may  be  equally  true ;  still,  I  feel  assured  that  I  have 
faithfully  performed  my  duty  in  such  cases,  and  have  exer- 
cised the  prerogative  only  when  the  facts  and  circumstances 
seemed  to  imperatively  demand  the  interposition  of  Execu- 
tive clemency.  In  this,  I  have  endeavored  to  adopt  and 
enforce  the  views  entertained  by  the  framers  of  our  Oonsti- 


38  ANNUAL   MESSAGE   OP   THE 

tutiou,  who  never  contemplated  an  indiscriminate  use  of  the 
pardoning  power,  but  designed  it  for  the  correction  of  errors 
and  oppressions;  cases  of  after  discovered  evidence;  ine- 
qualities of  sentences  for  identical  offences ;  the  furtherance 
of  justice  by  uncovering  crime,  and  other  instances  strongly 
exceptional  in  their  character. 

Soon  after  entering  upon  the  duties  of  the  Executive  office, 
I  deemed  it  important  that  the  public  should  be  more  fully 
informed  upon  the  subject  of  pardons,  than  they  had  previ- 
ously been.  I  then  introduced,  for  the  first  time  in  this 
State,  an  annual  pardon  report,  containing  the  names  of  the 
petitioners,  and  an  epitome  of  the  reasons  adduced  for  each 
case  of  relief  from  the  sentence  of  the  law.  Since  then,  simi- 
lar reports  have  been  made  in  other  States,  and  the  practice, 
divesting  the  exercise  of  the  pardoning  prerogative  of  all 
secrecy,  seems  to  have  received  very  general  approbation 

The  applications  for  pardons,  during  the  past  year,  num- 
bered one  thousand  four  hundred  and  thirty-seven — about 
five  for  every  working  day  in  the  year.  Of  these,  sixty-nine 
were  granted — less  than  five  per  cent,  of  the  number  applied 
for,  and  averaging  about  one  to  each  county.  Estimating 
our  population  at  three  million  six  hundred  thousand,  the 
average  is  one  pardon  to  every  forty-two  thousand  three 
hundred. 

The  system  of  commutation,  under  the  act  of  May  '21,. 
1869,  continues  to  work  well  in  all  the  prisons,  and  has  pro- 
duced a  decidedly  salutary  effect  upon  the  discipline  of  the 
prisons  and  the  character  of  the  prisoners. 

The  death  penalty  has  been  twice  carried  into  effect  during 
the  year,  once  in  Cambria  county  and  once  in  Chester. 

A  report  of  pardons  and  executions  for  the  year  ending 
November  30, 1872,  accompanies  this  communication. 


GOVERNOR   OF    PENNSYLVANIA.  39 

IMPROVEMENT  OF  THE  OHIO  RIVER. 

The  subject  of  the  improvement  of  the  Ohio  river  and  its 
navigable  tributaries  has  long  engaged  the  attention  of  lead- 
ing business  men  of  our  own  and  other  States,  and  they  'have 
several  times  solicited  Congressional  action  in  its  behalf. 
Organized  effort  was  commenced  during  the  present  year.  A 
convention  met  in  Cincinnati  on  the  twentieth  of  last  Feb- 
ruary, in  which  a  comparison  of  views  led  to  the  adoption  of 
a  resolution  requesting  the  Governors  of  the  States  of  Penn- 
sylvania, West  Virginia,  Indiana,  Illinois,  Ohio,  Kentucky 
and  Tennessee,  to  appoint  each  a  committee  of  five  mem- 
bers, who  should  act  as  a  commission  to  take  charge  of,  and 
promote  by  all  legitimate  means  the  desired  improvement. 
I  responded  to  the  request,  and  appointed  as  commissioners 
for  Pennsylvania,  James  K.  Moorhead,  Thomas  J.  Powers, 
George  H.  Thurston,  Joseph  Walton  and  Edward  Blauchard. 
The  Governors  of  the  other  States  made  similar  appointments, 
and  the  commission  met  at  Cincinnati  on  the  eighteenth  of 
September.  It  continued  in  session  two  days,  and  its  pro- 
ceedings indicate  that  its  members  were  actuated  by  earnest- 
ness of  spirit,  and  by  just,  comprehensive  and  statesmanlike 
views. 

The  commission  from  its  own  body  appointed  committees 
on  statistics,  legislation,  water  supply  and  available  reser- 
voirs, plans  and  manner  of  improvement,  and  an  executive 
committee,  with  power  to  act  in  the  intervals  of  its  regular 
sessions.  Resolutions  were  adopted  asking  the  Governors  of 
the  several  States  represented,  to  present  the  subject  upon 
which  the  commission  had  been  created  in  their  forth- coming 
messages  to  their  respective  Legislatures — to  advise  them  to 
instruct  their  Senators  and  request  their  Representatives  in 
Congress  to  favor  a  liberal  policy  toward  an  interest  of  such 
magnitude,  and  to  recommend  them  to  make  an  appropria- 
tion sufficient  to  pay  the  expenses  of  the  commission. 


40  ANNUAL   MESSAGE   OF  THE 

From  a  memorial  prepared  and  submitted  to  the  commis- 
sion by  Mr.  Thurston,  it  is  manifest  that  the  project  is  one  oi 
the  very  highest  importance  to  the  States  immediately  con- 
cerned, and  indirectly  of  great  interest  to  the  whole  country. 
The  claims  of  this  subject  to  your  prompt  and  favorable  con- 
sideration, and  that  of  Congress  will  hardly  be  questioned, 
when  it  is  remembered  that  it  is  presented  by  gentlemen  who 
represent  one-half  of  the  population  of  the  country ;  that  the 
people,  who  would  be  directly  or  indirectly  benefited  by  the 
contemplated  improvement,  possess  one-half  of  its  cultivated 
lands,  raise  sixty  per  cent,  of  its  agricultural  products,  breed 
sixty  per  cent,  of  its  live  stock,  own  fifty  per  cent,  of  its  capi- 
tal invested  in  farming  implements  and  machinery,  and  have, 
heretofore,  paid  thirty-five  per  cent,  of  its  internal  taxation, 
and  contributed  a  corresponding  share  toward  the  payment 
of  the  National  debt. 

The  President  of  the  United  States,  in  his  late  message, 
invites  the  attention  of  Congress  to  this  and  similar  enter- 
prises, as  being  of  great  moment  to  the  varied  producing  in- 
tersts  and  the  internal  commerce  of  the  country  in  time  of 
peace,  "  and  of  inestimable  value  in  case  of  a  foreign  war." 
In  the  scheme  for  the  improvement  of  the  Ohio  river  and  its 
navigable  tributaries,  Pennsylvania  has  an  immediate  and  deep 
cencern.  The  subject,  as  presented  by  Mr.  Thurston,  has  awak- 
ened in  my  own  mind  an  unreserved  and  ardent  sympathy,  and 
I  refer  you  with  pleasure  to  his  very  comprehensive  and  able 
report,  and  most  cordially  recommend  that  the  instructions  re- 
quested, and  an  appropriation  to  meet  the  necessary  expenses  of 
our  commissioners,  be  given.  I  am  informed  that  the  amount 
required  by  the  commissioners  of  each  State  will  not  exceed 
three  thousand  dollars.  It  need  scarcely  be  added  that  tbe 
character  of  the  gentlemen  composing  the  commission  entitles 
them  to  your  perfect  confidence,  and  gives  assurance  that  the 
appropriation  would  be  judiciously  and  honestly  expended. 


GOVERNOR  OP    PENNSYLVANIA.  41 

CENTENNIAL. 

On  the  fourth  of  July,  1876,  the  nation  will  have  completed 
the  first  century  of  its  existence.  The  design  to  celebrate 
that  great  event  in  a  becoming  manner  doubtless  commends 
itself  alike  to  your  intelligent  appreciation  of  the  blessings 
of  liberty  and  independence,  and  your  highest  sentiments  of 
patriotic  pride  and  gratitude.  Already  the  preliminary  steps 
of  the  design  have  been  taken,  and  toward  its  happy  realiza- 
tion the  people  of  the  entire  country  are  looking  with  pro- 
found interest  and  pleasure.  By  a  combination  of  circum- 
stances, well  known  in  history,  in  the  metropolis  of  our  State 
the  Declaration  of  Independence  was  proclaimed,  and  the 
Constitution  subsequently  adopted. 

That  city  has,  therefore,  very  naturally  been  selected  as  tke 
scene  of  the  proposed  Centennial  Celebration  and  Interna- 
tional Exhibition. 

A  popular  manifestation  of  this  kind  should  correspond  to 
the  character  of  the  event  to  be  celebrated.  It  will  be  the 
first  Centennial  celebration  of  our  national  existence — the 
greatest  event  that  can  possibly  occur  in  the  life- time  of  any 
living  American ;  it  w^l  be  the  first  international  exhibition 
ever  given  in  honor  of  Eepublican  Government,  and  will  ex- 
hibit the  effect  of  our  institutions  in  promoting  wealth,  intelli- 
gence and  happiness.  The  ceremonies  of  this  unprecedented 
occasion  should  be  noted  for  spontaneous  enthusiasm,  univer- 
sal  enlistment  of  popular  sentiment,  and  a  more  impressive 
grandeur  than  has  ever  heretofore  been  witnessed. 

The,  enterprise,  which  cannot  fail  to  interest  the  whole 
country,  must  prove  unusually  attractive  to  Philadelphians, 
and  scarcely  less  so  to  the  whole  people  of  the  Common- 
wealth ;  and  it  is  certainly  to  be  expected  that  they  will  be 
peculiarly  distinguished  for  earnestness  and  zeal  in  its  sup- 
port. The  city  having  thus  far  borne  all  the  expenses  attend- 
ing the  organization  and  meetings  of  the  United  States  Com- 


42  .  ANNUAL   MESSAGE   OP   THE 

missioners,  and  having  extended  to  them  graceful  courtesies 
and  liberal  hospitality,  it  may  be  well  now  to  consider  what 
the  State  may  do  to  advance  the  cause,  and  what  furthei1 
action  or  aid  in  the  premises  may  be  expected  from  the  Gen- 
eral Government. 

Naturally  desiring  to  have  no  financial  trusts  in  this  connec- 
tion, and  feeling  the  need  of  an  executive  arm  capable  of 
performing  the  many  business  functions  essential  to  the  suc- 
cess of  the  undertaking,  the  National  Commissioners  asked 
Congress  to  authorize  the  organization  of  a  corporation, 
under  the  title  of  the  "Centennial  Board  of  Finance,"  with  a 
capital  stock  amounting  to  ten  million  dollars,  divided  into 
shares  of  ten  dollars  each,  with  the  power  of  acquiring  and 
holding  such  real  and  personal  estate  as  may  be  needed  iu 
carrying  into  effect  the  act  of  Congress,  approved  March  .'}, 
1871. 

An  act  embodying  these  privileges  was  promptly  passed 
by  Congress.  June  1,  1871,  and  under  it  books  for  the  sub- 
scription of  the  stock  have  been  opened  in  each  State  and 
Territory,  and  the  organization  of  the  Board  of  Finance  will 
probably  be  completed  before  the  adjournment  of  the  Legis- 
lature. 

» 

The  quota  of  stock  allotted  to  Pennsylvania  will  be 
promptly  taken,  and  more  than  this  its  people  cannot  do, 
until  the  hundred  days,  prior  to  the  organization  of  the  Board 
»  of  Finance,  in  which  the  subscription  books  are  required  to 
be  kept  open  in  each  State  and  Territory,  shall  have  elapsed ; 
after  which  time,  any  stock  not  taken,  should,  if  not  called 
for  by  others,  be  promptly  subscribed  by  our  citizens. 

Under  the  eleventh  article  of  the  Constitution,  the  State  is 
prohibited  from  subscribing  for  stocks  or  lending  its  credit 
for  any  other  object  than  the  payment  of  its  own  debt,  or  for 
the  purpose  of  military  defence.  But  it  can  and  should  make 
such  a  special  donation  as  would  inspire  popular  confidence, 
excite  the  emulation  of  other  States,  and  insure  the  prompt 


GOVERNOR  OF   PENNSYLVANIA.  43 

commencement  of  the  work  upon  a  scale  commensurate  with 
its  importance. 

The  eighth  section  of  the  original  act  of  Congress  author- 
izing the  exhibition,  provides  "that  whenever  the  President 
shall  be  informed  by  the  Governor  of  the  State  of  Pennsyl- 
vania that  provision  has  been  made  for  the  erection  of  suita- 
ble buildings  for  the  purpose,  and  for  the  exclusive  control  by 
the  commission  herein  provided  for,  of  the  proposed  exposi- 
tion, the  President  shall,  through  the  Department  of  State, 
make  proclamation  of  the  same,  setting  forth  the  time  at 
which  the  exhibition  will  open  and  the  place  at  which  it  shall 
be  held ;  and  he  shall  communicate  to  the  diplomatic  repre- 
sentatives of  all  nations  copies  of  the  same,  together  with 
such  regulations  as  may  be  adopted  by  the  commissioners, 
for  publication  in  their  respective  countries." 

The  provisions  authorizing  the  organization  of  the  Board 
of  Finance,  and  the  formal  proclamation  of  the  national  and 
international  character  of  the  exhibition  is  deferred  until  the 
the  Governor  of  this  Commonwealth  can  make  the  required 
report  to  the  President  of  the  United  States.  I  would,  there- 
fore, recommend  to  your  honorable  bodies  to  make  a  suffi- 
cient appropriation  for  the  purpose  of  securing  the  erection 
of  suitable  buildings  for  holding  the  exhibition,  to  be  under 
the  cotrol  of  the  National  Commission  in  accordance  with  the 
act  of  Congress. 

I  would  further  recommend  that  your  "  Committee  on  Fed- 
eral Eelations"  consider  the  propriety  of  asking  Congress  to 
make  an  appropriation  for  such  necessary  expenses  of  the 
National  Commissioners  as  will  enable  them  to  work  with 
efficiency.  The  members  are  national  officers  charged  with 
a  trust  of  great  responsibility,  and  engaged  in  an  enterprise 
in  which  the  reputation  of  the  country  is  directly  involved. 

Our  Government,  which  expended  a  large  sum  of  money 
in  promoting  the  Paris  exhibition,  certainly  will  not  treat  the 
agents  to  whom  it  has  committed  the  task  of  preparing  a 


44  ANNUAL  MESSAGE   OF   THE 

memorial  of  its  birth  upon  its  own  soil,  in  the  form  of  an  In- 
ternational Exhibition  of  the  Arts  of  Modern  Civilization, 
with  such  parsimony  as  would  deprive  them  of  their  proper 
influence,  dignity  and  independence. 

The  State  Commissioners  heretofore  appointed  under  the 
acts  of  the  Legislature  have  made  no  report  of  their  transac- 
tions, and  may  not  yet  have  found  their  proper  sphere  of 
usefulness.  They  can  render  much  service  to  the  United 
States  Commissioners,  and  to  the  Board  of  Finance,  by  ob- 
taining subscriptions  of  stock,  and  promoting  such  organiza- 
tion of  the  industries  of  the  State  as  would  contribute  to  the 
success  of  the  exhibition,  and  present  an  appropriate  display 
of  the  wealth  and  resources  of  the  Commonwealth. 

This  great  national  enterprise  appeals  as  well  to  local  pride 
as  to  common  patriotism ;  it  must  be  successful— the  nation 
has  decreed  it ;  and  since  to  Pennsylvania  has  been  assigned 
the  honor  of  having  the  celebration  take  place  on  her  soil, 
she  must  and  will  see  to  it  that  it  shall  not  fail.  I,  therefore, 
earnestly  solicit  for  it  not  only  your  aid  but  also  the  thought- 
ful and  zealous  support  of  all  social,  industrial,  scientific, 
educational  and  religious  associations,  and  that  of  all  good 
citizens,  who  have  at  heart  the  honor,  perpetuity,  and  happi- 
ness of  our  common  country. 

GENERAL  REMARKS. 

In  my  official  communica.tions,  heretofore,  to  the  Legisla- 
ture, and  in  public  addresses  to  the  people,  I  have  without 
hesitation  declared  my  views  in  favor  of  protection  to  our 
Home  Industries,  and  in  defence  of  labor  against  foreign 
competition.  Continued  observation  and  experience  have 
tended  to  confirm  me  as  to  the  correctness  of  the  opinions 
then  expressed.  I  now  reiterate  them  with  undiminished 
confidence ;  and  feel  peculiar  satisfaction  in  the  belief  that 
Congress  will  maintain  a  policy  that  has  so  vastly  contri- 
buted to  the  prosperity  of  the  whole  country. 


GOVERNOR  OP    PENNSYLVANIA..  45 

The  inter-state  courtecies,  heretofore  exercised,  have  been 
continued  and  fostered  by  a  system  of  mutual  exchanges  of 
the  laws  and  other  public  documents ;  and  in  the  enforce- 
ment of  statutes  authorizing  requisitions,  and  the  rendition 
of  fugitive  criminals.  During  my  administration  there  has 
not  occurred  a  single  circumstance  to  mar  the  harmony  and 
friendship  existing  between  the  Government  of  Pennsylvania 
and  that  of  any  other  State,  or  of  the  Nation.  The  obvious 
advantages  arising  from  such  a  condition  of  our  affairs  must 
naturally  tend  to  advance  the  best  interests  of  the  States, 
and  cement  the  bonds  of  the  National  Union. 

The  recent  elections  prove,  by  unprecedented  majorities, 
that  the  country  reposes  extraordinary  confidence  in  the 
patriotism,  sagacity  and  integrity  of  the  Republican  party. 
In  response  to  this  sentiment,  that  party  should  discharge  its 
sacred  trust  by  a  wise,  honest,  economical  and  patriotic  ad- 
ministration of  the  government ;  a  thorough  reform  of  the 
civil  service ;  the  continuation  of  such  duties  upon  foreign 
imports  as  will  secure  and  enhance  the  prosperity  of  our  do- 
mestic manufactures ;  the  reduction  of  the  scale  of  internal 
taxes  to  the  lowest  degree  that  would  be  adequate  to  the 
maintenance  of  the  public  credit  and  the  gradual  extinction 
of  the  national  debt;  the  restoration  of  our  foreign  com- 
merce ;  the  extension  of  ample  financial  facilities  for  the  re- 
quirements of  business ;  the  encouragement  and  regulation 
of  immigration  ;  the  increase  of  the  means  of  cheap  land  and 
water  transportation,  with  a  view  to  the  largest  and  most 
rapid  development  of  the  national  resources ;  and  such  en- 
forcement of  the  provisions  of  the  amended  Constitution  as 
will  preserve  peace  in  the  States  and  secure,  beyond  the  touch 
of  injustice  and  oppression,  the  rights  of  all  citizens. 

All  the  circumstances  considered,  I  may,  in  this  connection 
be  excused  for  the  indulgence  of  some  brief  personal  allusions. 
In  the  administration  of  the  Chief  Magistracy,  I  have,  with 
only  good  intentions,  and  unconscious  of  intentional  error,  to 


48  ANNUAL   MESSAGE    OF   THE 

the  best  of  my  ability,  endeavored  to  discharge  the  various 
duties  that  have  devolved  upon  me,  in  suc'h  manner  as  to  ad- 
vance the  public  welfare,  by  condemning  waste  and  extrava- 
gance, practicing  economy,  reducing  taxation,  paying  the 
State  debt,  promoting  the  public  health,  advancing  the  cause 
of  general  education,  cultivating  humanity  and  charity,  tem- 
pering justice  from  the  fountain  of  mercy,  maintaining  the 
principles  of  the  Constitution,  and  defending  the  honor  and 
sovereignty  of  the  State,  and  the  rights  and  interests  of  her 
citizens. 

During  my  administration  the  Legislature  has  been  in  ses- 
sion three  hundred  and  eighty-seven  days  ;  in  that  time  nine 
thousand  two  hundred  and  forty-two  bills,  and  one  hundred 
and  fourteen  resolutions,  were  passed,  of  which  eight  thou- 
sand eight  hundred  and  forty-two  bills,  and  one  hundred  and 
thirteen  resolutions,  received  my  approval ;  six  became  laws 
without  my  sanction,  and  three  hundred  and  ninety  were  ve- 
toed. The  vetoes  average  a  little  more  than  one  per  diem  dur- 
ing the  sessions,  and  all  of  which,  with  the  exception  of  four, 
were  sustained  by  the  Legislature.  In  addition  to  my  six 
annual  messages,  I  have  also  transmitted  to  the  Legislature 
one  hundred  and  five  special  communications. 

The  period  for  disconnecting  my  official  relations  with  the 
General  Assembly  having  almost  arrived,  I  may  properly 
avail  myself  of  this  opportunity  to  acknowledge  the  general 
courtesy  I  have  received  from  the  successive  Legislatures  with 
whom  I  have  had  the  honor  to  hold  official  intercourse,  and 
to  express  the  profound  sense  of  gratitude  I  entertain  toward 
the  people  of  my  native  State,  for  the  many  honors  they 
have  conferred  upon  me,  and  still  more  for  the  steadfast 
confidence  with  which  they  have  supported  me,  and  sustained 
my  administration. 

To  Hon.  Francis  Jordan,  Secretary  of  State ;  Hon.  Fred- 
erick Carroll  Brewster,  Attorney  General ;  Hon.  James  P. 
Wickersham,  Superintendent  of  Schools,  and  General  Alex- 


GOVERNOR  OF  PENNSYLVANIA.  47 

ander  Eussell,  Adjutant  General,  I  tender  my  warmest  and 
special  thanks,  for  their  hearty  accord  and  energetic  support. 
I  owe  them  not  only  a  debt  of  gratitude  for  their  personal 
fidelity,  but  a  sincere  and  heart-felt  commendation  to  the 
people,  for  the  able,  efficient  and  eminently  satisfactory  man- 
ner in  which  they  have  performed  all  the  duties  that  have 
been  devolved  upon  them  in  their  several  departments.  Ool. 
Benjamin  P.  Lee,  my  Private  Secretary,  and  his  assistant, 
Ool.  William  C.  Armor,  are  deserving  of  honorable  mention, 
for  their  zealous  and  faithful  execution  of  my  orders.  My 
thanks  are  also  due,  and  they  are  earnestly  tendered,  to  the 
clerks  and  other  appointees  in  the  several  departments,  for 
their  uniform  courtesy,  and  the  zeal  manifested  by  them  for 
the  public  good. 

It  affords  me  peculiar  satisfaction  to  feel  that  my  official 
honors  and  responsibilities  are  shortly  to  be  transferred  into 
the  hands  of  a  gentleman,  who  will  sacredly  guard  the  one, 
and  faithfully  discharge  the  other.  Major  General  John  F. 
Hartranft  has  signally  illustrated  his  courage  and  patriotism 
on  many  fiercely  contested  fields  of  battle;  and  qualities, 
that  have  made  his  reputation  as  a  soldier,  have  been  no  less 
conspicuous  in  the  pursuits  of  civil  life.  He  will  bring  to 
the  discharge  of  his  duties  a  large  and  valuable  experience 
in  the  management  of  public  affairs ;  and  all  that  is  known 
of  his  antecedents  may  be  regarded  as  a  guaranty  for  that 
confidence  of  the  people  who  have  elevated  him  to  the  Guber- 
natorial Chair  by  so  large  a  majority.  I  bespeak  for  him 
your  hearty  co-operation  in  guarding  and  advancing  the 
public  interests;  and  I  earnestly  invoke  Heaven's  choicest 
blessings  upon  the  people  of  Pennsylvania — that  their  abund- 
ance may  never  be  diminished — and  that  her  honored  name 
may  shine  in  the  galaxy  of  the  American  Union  with  in- 
creasing splendor  forever. 

JNO.  W.  GEARY. 

EXECUTIVE  CHAMBER,  ) 

Harrisburg,  Pa.,  January  8, 1873.  > 


PARDON  REPORT. 


Report  of  pardons  granted  and  death  warrants  issued  during  the 
year  ending  November  30,  1872,  respectfully  submitted  for  the  infor- 
mation of  the  Legislature  and  the  people  of  the  Commonwealth  : 

1.  JOHN   LENNOX.      Washington   county.      Murder  in  the  Second 
Degree.    May  25,  186T.     Eight  years  in  Western  Penitentiary.     Par- 
doned November  27,  1871.     Recommended  by  Hon.  W.  M'Kennan, 
Hon.  Geo.  V.  Lawrence,  Hon.  John  Hall,  U.  S.  marshal;  Boyd  Cum- 
mins, Janthus  Bentlej-,  W.  W.  Smith,  C.  M.  Reed,  J.  M.  Voyers,  Win. 
Wakman,  W.  C.    Ramsey,   sheriff;    D.  M.  Donehoe,  prothonotary ; 
.Samuel  Ruth,  clerk  of  courts  ;    J.  N.  Hamilton,  register ;    John  P. 
Charlton,  recorder  ;    James  B.  Gibson,  treasurer;    S.  M.  Bell,  Jos.  M. 
Spriggs,  J.  W.  Baker,  Win.  Quail,  Alex.  Rankin,  Samuel  Ruth,  W.  II. 
Bradin,  D.  F.  Patterson,  Alfred  Creigh,  Samuel  Fulton,  John  Allen, 
Geo.  S.  Hart,  J.  S.   Hammond,  Wm.  Montgomery,  Chas.  C.  White, 
Robert  Wylie,  Thaddeas  Stanton,  Jesse  Jordan,  B.  F.  Uasson,  James 
S.  Stocking,  Wm.  Workman,  James  Sterman,  Chas.  M.  Rupple,  Henry 
Gantz,  the  jurors  in  the  case ;  Isaac  H.  Langdon,  John  Earwi/r,  B.  L. 
Craven,  Thos.  Warrell,  James  Brother,  Wm.  Lyons,  George  Ilainlit>, 
Joseph  M'Curry,  James  Rainey,  S.  Mancha,  Robert  Orr  and  J.  V.  llea. 
Reasons:    Lennox  has  already  suffered  an  imprisonment  of  over  six 
years ;  he  is  now  over  fifty  years  of  age  and  in  failing  health  ;    thu 
crime  was  committed  during  great  political  excitement,  and  under 
great  provocation  ;  the  sentiment  of  the  community  in  which  the  crime 
occurred  is  favorable  to  his  pardon,  and  the  ends  of  justice  have  been 
fully  subserved  by  the  punishment  already  inflicted. 

2.  BENJAMIN   DILLEY.      Luzerne   county.      Keepiny   a    Gambling 
House.     September  23,  1871.     Fifty  dollars  fine  and  three  years  in 
Eastern  Penitentiary.     Pardoned  November  29, 1871.     Recommended 
liy  Hon.  Thomas  Collins,  associate  judge;    E.  S.  Herriam,  district 
attorney  ;  I.  M.  Kirkend,  mayor  of  Wilkesbarre ;  F.  U.  Collins  and  P. 
Pe  Lacey,  members  of  the  Legislature .    H.  Armstrong,  Hendrick  B. 


f,0  PAKDON   REPORT    OF   THE 

\Vright,  Rev.  Thomas  P.  Hunt,  Gen.  E.  S.  Osborne,  Charles  Parrish, 
W.  II.  Hibbs,  E.  J.  Adams,  E.  J.  Sturdevant,  R.  S.  Hollingshead, 
\Vm.  C.  Yost,  Charles  Pike,  R.  J.  Flick,  John  Faser,  E.  W.  Sturdevant, 
J.  II.  Flin,  R.  Barn,  Edmund  Taylor,  A.  13.  Weil,  Daniel  Ilarkins, 
Jonas  Long,  J.  R.  Coolbaugh,  De  Witt  C.  Cooley,  S.  Coben,  A.  Morse, 
A.  Hoffheimcr,  II.  Ansbacher,  and  more  than  three  hundred  other  citi- 
zens of  Wilkesbarre.  Reasons:  Dilley  never  kept  a  gambling  house  ; 
his  offence  consisted  in  allowing  some  persons,  once  only,  to  occupy  a 
room  to  play  faro  ;  a  conviction  could  not  have  been  bad  with  the  facts 
properly  laid  before  a  jury  ;  has  hitherto  borne  a  good  character;  and 
recent  bereavements  render  his  pardon  almost  indispensible. 

3.  JAMES  WILLIAMS.     Delaware  county.     Assault  and  Battery.     No- 
vember 27,  1871.     One  hundred  dollars  line  and  ten  days  in  county 
prison.     Pardoned  December  1,  1871.     Recommended  by  Hon.  James 
Pollock,  George  II.  Stuart,  W.  J.  Wylie,  William   Ray  and  others. 
Reasons  :   He  has  always  been  a  well  disposed  and  inoffensive  man  ; 
the  assault  and  battery  was  provoked  by  gross  and  long  continued 
personal  abuse.     Fine  paid  ;  imprisonment  only  remitted. 

4.  JOHN  MAGINNIS,  WILLIAM  M'COLLEY,  ABRAM  HANES,   JOSEPH 
SNYDER,  HENRY  SEAMON,  JAMES  JACKSON  and  ANDREW  SHEI-PARD. 
Philadelphia.      Assault   and    Battery.      November   2,    1871.      Three 
months   in   county   prison.     Pardoned    December   G,    1871.     Recom- 
mended by  John  Wismer,  Clement  Wilson,  Jeremiah  Murphy,  Win. 
Cooper,  Charles  Hard,  Marshall  Scott  and  John  G.  Gilliams,  seven  of 
the  jurors  on  the  case;  Hon.  Leonard  Myers,  John  O'Byrne,  John 
Lamon,  Win.  R.  Leeds,  Joseph  Moore,  F.  T.  Walton,  Albert  Emerick, 
William  Montgomery,  J.  Swartz,  F.  B.  Davis,  Louis  Schurk,  Henssler 
Horley,   Kesler  &  Delaney,   Thos.  Oram,   Henry  Charlton,  William 
Oram,   Isaac   Bass,   Edward   T.  M'Enau,    William   Murray,    Henry 
Mercer,  S.  H.  Atkinson,  Martin  C.  Cramp,   Adam  P.  Hill,   Robert 
W.  Dunlap,  Wm.  II.  Weston,  John  Craig,  John  L.  Stewart,  Frederick 
Sinister  and   others.     Reasons :    On   the   trial  of  their  causes  they 
proved  unblemished  characters  for  peace,  industry  and  sobriety  ;  the 
evidence  against  them  was  conflicting  ;  they  are  yet  merely  boys,  are 
deeply  penitent,  and  there  are  many  extenuating  circumstances  con- 
nected with  their  offence. 

f>.  DAVID  JILLIARD.    Wayne  county.     Manslaughter.    May  9,  \ 
One  hundred  dollars  flne  and  five  years  in  Eastern  Penitentiary.     P:;r- 


GOVERNOR   OF   PENNSYLVANIA.  51 

doncd  December  7,  1871.  Recommended  by  F.  B.  Penneman,  W. 
Dimmick,  A.  M.  Atkinson,  C.  13.  Jadwin,  E.  A.  Penneman,  II.  Wilson. 
C.  S.  Minor,  Geo.  G.  Waller,  C.  P.  Waller,  11.  S.  Porin,  Jno.  R.  Rose, 
Samuel  E.  Dimmick,  C.  F.  Elder,  II.  R.  Beardslee,  Geo.  S.  Purely. 
John  M'Intosb,  T.  M.  Crami,  Thos.  Collins,  J.  Robinson,  Thn?.  .1. 
Walsh,  E.  15.  Bu.mb.ard,  Sydney  Broadbent,  Edward  Sharp,  II.  J. 
Kellej',  and  upwards  of  two  hundred  other  citizens  of  Wayne  county. 
Reasons :  The  defendant  did  the  killing  in  defence  of  his  wife's  honor  ; 
the  deceased  entered  the  house  of  the  defendant  partially  intoxicated 
and  refused  to  leave  when  ordered  to  do  so  ;  that  he  used  grossly  in- 
sulting language  to  the  wife  of  the  defendant,  and,  at  least,  twice 
attempted  to  enter  her  chamber  for  the  avowed  purpose  of  committing 
an  outrage  upon  her  person. 

G.  HENRY  S.  CORE  and  SAMUEL  STAMBATJQII.  Lebanon  county. 
Rape.  November  19,  1870.  One  hundred  dollars  fine  and  two  years 
and  six  months  in  the  Eastern  Penitentiary.  Pardoned  December 
15,  1871.  Recommended  by  Hon.  John  J.  Pearson,  president  judge  : 
Hons.  John  E.  Kinports  and  Joseph  Coover,  associate  judges  ;  Hon. 
J.  K.  Killinger ;  Jacob  Shelly,  Joseph  R.  Henry,  Philip  F.  M'Cauiey, 
Samuel  Beck,  John  H.  Ulrich,  Felix  Light,  T.  T.  Worth,  W.  M.  Kauf- 
man, F.  A.  Shultz,  J.  S.  Shultz,  Jas.  E.  Cherrington,  Geo.  M.  Lininger. 
W.  Zimmerman,  Samuel  Shoop,  Seth  K.  Smith,  L.  Z.  Sack,  J.  M. 
Zimmerman,  W.  E.  Eck,  M.  R.  Hunter,  J.  B.  Shultz,  E.  S.  Garrett. 
Daniel  A.  Mizener,  Elias  Wallace,  James  Wallace,  J.  II.  Henry,  Philip 
J.  M'Cauley,  Samuel  Beck,  J.  H.  Ulrich,  Henry  Kreizin,  Samuel 
Crause,  I).  Mosser,  C.  Woolison,  P.  Spangler,  J.  S.  Mayer,  J.  II. 
Weirick,  J.  X.  Shirk,  H.  H.  Carmany,  F.  Noll,  W.  D.  Bassler,  M. 
Myers,  J.  Loose,  G.  W.  Donges,  W.  II.  Coover,  and  many  others. 
Reasons  :  Prior  to  the  commission  of  this  crime,  the  defendants  bore 
excellent  characters  ;  public  prejudice  was  greatly  excited  against  them 
at  the  time  of  their  trial,  and  the  testimony  on  which  they  were  con- 
victed was  doubtful  and  contradictory;  and  the  facts  do  not  justify 
further  punishment. 

7.  WILLIAM  CLINTON.  Allegheny  county.  Adultery.  July  15, 
1871.  One  hundred  dollars  fine  and  six  months  in  county  work- 
house. Pardoned  July  26,  1871,  but  fine  not  remitted.  Recom- 
mended by  Hon.  Jas.  S.  Negley,  Samuel  Kilgore,  Thos.  A.  Powley,  A. 
P.  Logan,  J.  M.  Creighton,  Wm.  B.  Compton,  J.  P.  M'Intyre,  Joseph 


T>2  PARDON    REPORT   OF   THE 

Fleming,  A.  L.  Pearson,  Richmond  Thompsous  Joseph  Brown, 
James  Taylor,  A.  M.  Brown,  Richard  Thompson,  Robert  Dickson, 
Patrick  M'Gonegal,  Charles  Jeremy,  S.  Gillings,  W.  J.  Hammond,  J. 
A.  Robinson,  Thos.  II.  M'llvain,  G.  W.  Schmidt,  W.  J.  Anderson,  W. 
J.  Gilmore,  W.  J.  France,  R.  II.  Wilson,  James  Irvine,  Jas.  B.  Hart, 
O.  M.  Barr,  Thos.  W.  Davis,  Win.  I).  Taylor,  J.  E.  M'Elvy,  John 
Dalzell,  Samuel  B.  Cluley,  Chas.  C.  Small,  Thos.  I).  Blair,  Samuel 
Musgrave,  Thos.  J.  Barbour,  R.  M.  Crawford,  W.  J.  France,  D.  Pan- 
coast,  1).  Ilaworth,  R.  II.  Wilson,  Jas.  P.  Hoke,  Hugh  S.  Fleming, 
and  about  one  hundred  others.  Reasons  :  The  defendant  had  always 
been  an  upright  citizen  ;  he  has  been  amply  punished  for  the  crime 
alleged  to  have  been  committed ;  and  Hon.  Edwin  S.  Stowe,  associate 
law  judge,  writes  :  "  I  believe  Mr.  Clinton  has  been  sadly  victimized 
by  the  father  of  this  girl.  *  *  *  *  I  feel  convinced,  from  what  I 
have  heard  since  the  sentence,  that  the  matter  was  only  pushed  on  as 
a  means,  or  because  of  a  failure  to  secure  more  money." 

8.  SAMUEL  W.  FREEBURJJ.     Dauphin  count}'.     Obtaining  Goods  by 
False  Pretences.     December  7,  1871.     Six  months  in  county  prison. 
Pardoned  December  23, 1871.     Recommended  by  Horr.  David  Mumma, 
Wm.  K.  Verbeke,  Rud.  F.  Kelker,  George  Bergner,  Edward  Birming- 
ham, John  Till,  Richard  Updegrovc,  P.  H.  Ryan,  A.  P.  Erb,  Wm.  S. 
Shaffer,  Dan'l  A.  Muench,  Christian  Heikel,  sheriff;    C.  S.  Funk,  E. 
Byers,  E.  S.  Zollinger,  John  L.  Speel,  Chas.  II.  Tunis,  G.  W.  Sim- 
mons, James  Nicholson,  0.  B.  Simmons,  John  J.  Shoemaker,  John  W. 
Young,  D.  Stockton,  and  F.  K.  Swartz.     Reasons:    The  affidavits  of 
Edward  Martin,  Amelia  Iloke,  and  Rebecca  Freeburn,  state  that  the 
liquors  for  the  purchase  of  which,  through  false  pretences,  the  prisoner 
was  convicted,  were  bought  by  him  at  the  urgent  request  of  the  prose- 
cutor, and  that  the  prosecutor  asked  him  no  questions  concerning  any 
property  of  the  said  defendant,  and  that  no  representations   were 
made  by  him  that  be  owned  any  property.     William  II.  Egle,  M.  D., 
prison  physician,  writes  of  the  prisoner :    "It  is  not  probable  that  he 
would  be  able  to  serve  out  his  time  by  such  close  confinement,  and 
hence  I  earnestly  recommend  his  release."     Freeburn  has  since  died. 

9.  BERNARD  BRANNON.     Philadelphia.    Ihirglary.    March  11,  1871 
Two  years  in  Eastern  Penitentiary.     Pardoned  January  5,  1872.     Re- 
commended by  Michael   Meier,  the   prosecutor;    Joseph  II.  Rheem, 
Thomas  Kelly,  Frederick  Doner,  Wm.  Heckman,  Thomas  Cameron, 


GOVERNOR   OF    PENNSYLVANIA.  53 

Jacob  Koenig,  John  B.  Winder,  Garrett  Yansant,  Charles  Ilebsacker, 
Thomas  II.  Owens,  and  Win.  II.  II.  Wallace;  eleven  jurors;  lion. 
David  Xagle,  Aldermen  Owen  M'Donald  and  W.  W.  Daugherty, 
Henry  Struble,  T.  A.  Sloan,  John  Huplet,  Joseph  Pill,  M.  S.  Btilldey, 
Francis  M'Mannus,  Gco.  W.  Williams,  J.  D.  Williamson,  Henry 
Christian,  C.  S.  Pcall,  Edward  L.  Craft,  Chas.  II.  Stokes,  John  W. 
Kester,  Joseph  II.  Campbell,  Edward  K.  Worrell,  and  many  other 
citizens.  Reasons:  Brannon  is  a  very  young  man  and  has  always 
borne  a  good  character  for  honesty;  he  is  now  lying  dangerously  ill, 
and  the  imprisonment  already  suffered  is  considered  sufficient  to  sat- 
isfy the  ends  of  justice. 

10.  MARTHA  WESTON.     Huntingdon    county.      Selling   Liquor    to 
Minors.     January  11,  1872.     Pardoned  January  11,  1872.     Recom- 
mended by  Hon.  LI.  Bruce  Petriken,  senator  ;  Milton  S.  Lytle,  district 
attorney  ;  R.  Milton  Specr  and  W.  II.  Woods,  counsel  for  the  Common- 
wealth ;  M.  M.  M'Xeil,  A.  Houck,  D.  R.  P.  Meely,  R.  M'Devitt,  J.  E. 
Smucker,  George  Jackson,  A.  B.  Miller,  J.  Evans,  Henry  W.  Miller, 
S.    J.   Lloyd,   county   officers ;    P.   M.   Lytle,    Miles   Zentmyer,    R. 

A.  Orbison,    Jno.    M.   Bailey,   J.    R.  Simpson,    W.    M.    Williamson, 
E.   S.   M'Murtrie,    D.     Blair,    Win.     P.    Orbison,    Wm.    Dorris,    K. 
Allen  Lovell,  and  other  members  of  the  bar;   J.  L.  Houck,   Curtis 
Krider,  Daniel  Swartz,  John  W.  Potter,   John   Ritter,  J.  W.  Isen- 
bcrg,  B.  S.  De  Forest,  Christian  Peightal,  W.  B.  White,  John  Bolinger, 
M.  A.  Felrnlee  and  Jacob  Hofl'ner,  the  jurors  who  tried  the  case;  J. 

B.  Wakefield,  Samuel  Waters,  G.  W.  Jeffries,   Samuel   Adams  and 

s 

John  Lee,  grand  jurors  ;  Wm.  Brown,  George  Kyler,  Thomas  Dean, 
G.  W.  Johnson,  and  seventy  other  prominent  citizens.  Reasons: 
Mrs.  Weston  is  a  widow  lady  of  great  respectability;  the  business 
cast  upon  her  by  her  husband's  death,  is  her  only  means  of  support ; 
would  suffer  by  her  imprisonment ;  there  are  many  mitigating  circum- 
stances in  her  behalf;  the  costs  will  be  heavy  and  the  payment  of  them 
is  deemed  sufficient  punishment. 

11.  SAMUEL  Baowx.     Mifflin  county.     Burglary.    January  G,  1872. 
Fifteen   mouths   in  Western    Penitentiary.     Pardoned   January    1-2. 
Recommended  by  J.  C.  Bucher,  president  judge  ;  A.  Troxel,  associate 
judge ;  II.  J.  Culberlson,  district  attorney  ;  Andrew  Reed,  C.  J.  Arms, 
Joseph  Alexander,  II.  J.  Walters,  J.  S.  Rakera,  J.  W.  Parker,   E.  L. 
Benedict,  J.  B.  Selheimer,  D.  W.  Woods,  George  W.  Elder,  John  A. 


."U  PARDON    REPORT    OF    THE 

M'lvce,  T.  M.  Uttly,  J.  T.  M'Clure,  members  of  the  Mifllin  county 
liar;  :ind  Henry  Bossinger,  prosecutor.  Reasons:  The  prisoner  was 
found  on  the  premises  of  the  prosecutor,  in  the  night  time,  in  a  stupe- 
lied  condition,  and  made  no  attempt  to  run  away  or  evade  justice;  he 
is  of  weak  intellect,  and  a  poor,  needy,  inoffensive  man ;  the  weak 
state  of  his  mind  goes  far  to  take  away  the  heinousness  of  his  crime  ; 
the  majesty  of  the  law  has  been  fully  vindicated,  and  no  good  purpose 
would  be  subserved  in  further  punishing  him. 

12.  SYLVESTER  GEORGE.     Northampton   county.     Larceny.     Janu- 
ary 18, 1871.     Two  years  and  one  month  in  county  prison.     Pardoned 
January  19.     Recommended  by  the  prosecutor,  William  II.  Coleman  ; 
(Jeorge  W.  Walton,  sheriff ;   James  M.  Porter,  district  attorney;  A. 
Meyers,  S.  M'Cammon,  A.  D.  Shriner,  O.  L.  Fehr,  James  J.  Cope7 
(ieorge  0.  Walton,  Martin  Frey,  George  H.  Young,  and  Uriah  Sandt, 
county  officers ;  B.  E.  Lehmer,  W.  II.  Selfridge,  Robert  Peysert,  Her- 
man M.  Fetter,  James  T.  Borkek,  C.  A.  Lubenbach,  Larin  J.  Krause, 
R.  S.  Brown,  George  J.  Desh,  M.  II.  Snyder,  D.  D.  Ritter,  James  H. 
Nolle,  George  Anawalt,  J.  J.  Kechline,  Jas.  R.  Roney,  B.  F.  Boyer, 
II.  II.  Dash,  Caleb  H.  Dart,  II.  P.  Hammann,  F.  E.  Lukenbach,  E.  P. 
Wolle,  Theo.  F.  Severs,  Jas.  T.  Brock,  Jr.,  John  B.  Zimmte,  R.   A. 
Abbott,  Geo.  W.  Reigel,  A.  N.  Leinbach,  Henry  G.  Borkek,  Charles 
Kleckner,  J.  M.  Seibert,  Jos.  A.  Weaver,  Jno.  Lerch,  and   over  one 
hundred  other  citizens  of  Northampton  county.     Reasons  :    The  de- 
fendant is  a  young  man  who  has  hitherto  born  a  good  character ;  the 
crime  was  committed  without  felonious  intent ;  the  value  of  the  pro- 
perty taken  has  been  restored  to  the  prosecutor.     The  petition  of  a 
dying  mother  for  Executive  clemency  is  granted. 

13.  PATRICK  BURKE.     Philadelphia.    Assault  and  Battery.    Novem- 
ber 27,  1871.     Two  years  in  county  prison.     Pardoned  January  11). 
Recommended  by  James  Paul  and  Henry  Wilhelm,  prosecutors ;  John 
Russell,  Isaac  B.  Smith,  Edwin  Mavkley,  Ab'm  L.  Heebner,  Eraanucl 
Hess,  S.  Walkley,  H.  Heidrick  and  Lewis   Thompson,  jurors  in  the 
tase;  Geo.  M'Gowan,  II.  M.  Fetter,  Samuel  D.Strock,  Jas.  W.  Marks, 
Adam  Albright,  Howard  J.  Potts,  G.  H.  Griffiths,  John  Lamon,  E.  A. 
Porter,  Geo.  Handy  Smith,  Chas.  II.  Daugherty,  Samuel  D.  Dailey, 
E.  W.  Davis,  Frank  S.  Johnston,  Wm.  M.  Randall,  Geo.  W.  Fox,  A. 
I).  Levering,  J.  B.  Hancock  and  Robert  P.  Deckert,  members  of  the 
Legislature ;    Geo.  W.  Hammersljr,  William  II.  Leeds,  J.   C.   Titter- 


GOVERNOR   OP   PENNSYLVANIA.  5r> 

mary,  James  Givin,  Hugh  Collins,  George  Moore,  D.  A.  Xagle,  Ed- 
ward G.  Carlin,  John  F.  Githers,  T.  J.  Barger,  Mackellar,  Smiths  & 
Jordan,  Wra.  Lang  &  Son,  J.  P.  Delano}*-,  James  Hagan,  Isaac  M'Bride, 
A.  W.  Fletcher,  C.  J.  M'Callister,  Frank  Register,  J.  D.  Brooks,  and 
many  other  citizens.  Reasons:  Barke  has  a  wife  and  six  children 
dependant  upon  him  for  support,  who,  by  reason  of  his  confinement, 
arc  left  entirely  destitute,  and  many  other  extenuating  circumstances 
commend  him  to  clemency. 

14.  PHILIP  METZ  and  PETER  LIERER.     Erie  county.     Arson.     June 
:j,  18TO.     Each  one  hundred  dollars  fine  and  three  years  in  Western 
Penitentiary.     Metz    pardoned    January   20,    and    Lierer,    March    S. 
Metz's  pardon  is  recommended  by  George  AVagner  and  Michael  Ren/, 
owners  of  the  building  set  on  tire  ;  Hon.  S.  P.  Johnson,  president 
judge;  Thomas  M.  Walker,  sheriff;  J.  C.  Sturgeon,  district  attorney  ; 
E.  S.  Whittlesey,  prothonotary ;  Isaac  B.  Gara,  Geo.  W.  Colton,  M. 
Schlaudecker,  James  Hunter,  and  many  others.     Lierer's  pardon  is 
recommended  by  Michael  Renz  and  George  Wagner,  owners  of  the 
building  set  on  fire;  Hon.  S.  P.  Johnson,  president  judge  ;  lions.  Win. 
Benson  and  A.  A.  Craig,  associate  judges  ;  J.  C.  Sturgeon,  district 
attorney  ;  I.  B.  Gara,  G.  W.  Starr,  Chas.  M.  Lynch,  O.  Noble,  M.  11. 
Barr,  John  Clemms,  C.  P.  Rogers,  and  many  others.     Reasons:     The 
defendants  were  convicted  upon  evidence  of  a  very  doubtful  character ; 
testimony  was  produced  at  the  trial  proving  an  alibi ;  a  large  reward 
was  offered  for  the  conviction  of  the  offenders,  and  an  anxiety  to  have 
some  person  punished  led  to  their  being  found  guilt}'. •    They  are  mere 
boys  ;  have  almvys  sustained  good  characters,  and  the  law  has  been 
fully  vindicated. 

15.  AUGUSTUS  FIRCH.     Erie  county.     Arson.     September  1,  1870. 
Fifty  dollars  fine  and  three  years  in  Western  Penitentiary.     Pardoned 
January  22.     Recommended   by  Hon.   John   P.  Vincent,    president 
judge  ;  lions.  Wm.  Benson  and  Hollis  King,  associate  judges  ;  Win. 
Carpenter,  A.  E.  Shattuck,  Jacob  Frantz,  N.  C.  Remington,  John  Sil- 
lyman,  G.  Van  Court,  John  Fritz  and  C.  M.  Grearfip.ld,  jurors;  J.  C. 
Sturgeon,  district  attorney;  W.  S.  Scott,  O.  Noble,  S.  Marvin,  Jno. 
M.  Hammond,  Isaac  B.  Gara,  J.  Ross  Thompson,  Win.  H.  Morris,  P. 
Mctcalf,  W.  S.  Brown,  M.  B.  Lowry,  Geo.  W.  Colton,  Jas.  Skinner,  G. 
P.  Griffith,  S.  S.  Spencer,  John  W.  Hart,  Wm.  M.  Gallagher,  W.  II. 
Lucas,  D.  B.  M'Creary,  J.  W.  Hays,  James  Dunlap,  John  Dunlap, 


.".(5  PARDON    REPORT   OF   TUB 

-las.  C.  Marshall,  Geo.  M.  Dunn  and  G.  A.  Allen.  Reasons:  Fiivh 
was  convicted  on  the  testimony  of  a  single  witness  as  to  identit}',  who 
had  never  seen  him  before,  and  not  until  six  months  after  the  fire  ; 
1  etilioners  believe  the  evidence  was  insufficient ;  affidavits  attest  his 
innocence  ;  he  has  always  borne  a  good  character,  and  the  facts  do  not 
justify  a  further  imprisonment. 

16.  REV.  E.  W.  KIRI;Y.     Franklin  county.     Adultery.     January  20, 
1872.     Two  hundred  dollars  fine  and  thirty  days  in  county  prison. 
Pardoned  January  24.      Recommended  by  I.  II.  M'Cauley,  Wilson 
lleilly,  George  W.  Brewer,  S.  W.  Hays,  Hastings  Gehr,  Wm.  M.  Scl- 
lars,  F.  M.  Kimmell,  J.  J.  Eby,  Lyman  S.  Clarke,  J.  M.  M'Dowell,  F. 
8.  Stumbaugh,  and  T.  C.  Kennedy.     Reasons  :     The  defendant  was 
convicted  on  very  doubtful  evidence.     His   imprisonment  is  not  de- 
sired by  the  counsel  of  the  prosecutrix   and  her  husband.     The  dis- 
grace attending  his  trial  and  deposition  from  the  ministry  is  deemed 
sufficient  punishment. 

17.  JOHN  HASSOX.     Philadelphia.      Larceny.     November   3,    Ibii'.). 
Two  years  and  six  months  in  Eastern  Penitentiary.     Pardoned  Janu- 
ary 25.     Recommended  by  Thomas  Smyth,  the  prosecutor  ;  Cornelius 
Bernon,  Thos.  Pauly,  Charles  Price,  John  A.  Sexton,  Daniel  Lemon, 
Jacob  Swartz,  Timothy  Fitzpatrick,  James  L.  Robinson,  John  M'G in- 
Icy,  Henry  G.  Filmer,  William  Newman  and   James   Ogden,  jurors  ; 
Robert  P.  Deckert,  J.  A.  Houseman,  Richard  Peltz,  Wm.  R.  Leeds, 
Isaac  M'Bride,  R.  C.  Tittermary  and  II.  J.  M'Intyre  ;  for  the  reasons 
that  the  evidence  upon  which  Hasson  was  convicted  was  not  conclu- 
sive; he  has  served  over  two  years  of  his  term;  his  health  is  rapidly 
failing,  and  no  good  can  result  in  his  further  imprisonment. 

18.  JOHN  NEWELL.     Allegheny   county.     Mayhem.     July   8,   1871. 
Fifty  dollars  fine  and  sixteen  months  in  Western  Penitentiary.     Par- 
doned January  26.     Recommended  by  Hon.  A.  P.  Callow,  J.    Mor- 
rison, Hon.  James  Blackburn,  Joseph  A.  Butler,  Jas.  Prowden,  James 
Lowry,  Jr.,  II.   B.   Wilkins,  Hugh    S.    Fleming,  Wm.    J.   Diehl,    A. 
L.  Pearson,  M.  Swartzwelder,  Wilson  M'Caadless,  James  A.   Ross, 
John  Glenn,  C.  L.  Magee,   John  S.  Lambie,  Joseph  Ross,  Wm.    J. 
Buck,  L.  E.  Johns,  W.  W.  M'Clelland,  J.  D.  Mahon,  James  M'Gunne- 
gle,  Charles  Jeremy,   Samuel  Hare,  A.  J.  Jackman,  Jr.,   Samuel  M. 
Fulton,  James  Taylor,  II.  K.  Sample,  J.  D.  Fleming,  W.  M.  DeCamps, 
M.  S.  Humphreys,  John  F.  Edmundson,  Thomas  Steel,  J.  W.  Kiiker, 


GOVERNOR   OF    PENNSYLVANIA.  ,")7 

and  others.  Reasons :  Xewcll  committed  the  offence  which  led  to  his 
conviction,  in  a  desperate  conflict  involving  his  life  with  a  man  notori- 
ous for  his  quarrelsome  disposition  and  fighting  propensities  ;  the  evi- 
dence offered  by  the  Commonwealth  did  not  justify  a  conviction  for 
any  greater  crime  than  assault  and  battery,  and  was  of  such  doubtful 
character  that  the  defendant  was  twice  tried  for  the  same  crime  before 
conviction  was  had  ;  the  entire  jury  recommend  his  release. 

19.  HARRY   SHEETS.     Philadelphia.     Larceny.    August   IS,   1871. 
Nine    months  in    county   prison.      Pardoned  February    1.       Recom- 
mended by  William  Winters,  the  prosecutor  ;  Charles  A..  Porter,  John 
Lamon  and  George  M'Gowen,  members  of  the  House  of  Representa- 
tives ;  Win.  R.  Leeds,  sheriff;  Isaac  M'Bride,  Christian  Kneass,  Chas 
V.  Mann,  John  Y.  Donnelly,  II.  C.  Tittermary,  R.  H.  Beatty,  James 
W.  M.  Newlin,  S.  E.  Beers,  Geo.  F.  Hunter,  E.  R.  Biles,  and  others 
Reasons  :     Sheets  was  led  into  this,  his  first  offence,  while  intoxicated  ; 
full  restitution  of  the  property  stolen  has  bean  made  ;  he  has  a  wife  and 
child  in  destitute  circumstances. 

20.  MARY  MACOLLOUGH.     Dauphincount}'.    Selling  Liquor  on  Sun- 
day.    February  2,  1872.     Tea  days  in  county  prison  and  ten  dollars 
fine.     Pardoned  February   2.     Recommended  by  A.  J.   Ilerr,  F.  K. 
Boas,  John  H.  Weiss,  M.  R.  Young,  Win.  Kuhn,  Joseph  H.  Nissley, 
G.  J.  Kunkle,  Geo.  H.  Irwin,  Daniel  Keyser,  M.  W.  M'Alarney,  Geo. 
Winters,  David  Mumma,  J.  S.  Schminkey,  Geo.  M.  Mark,  J.  C.  M'- 
Alarney, Phil.  Irwin,    Samuel   J.   M'Carroll   and   Ovid   F.  Johnson. 
Hon.  John  J.  Pearson,  president  judge,  by  whom  the  prisoner  was 
tried  and  sentenced,  and  lions.  Isaac  Mumma  and  J.  D.  Snyder,  asso- 
ciate judges,  has  written  that  "she  is  a  poor  woman  with   four  small 
children,  who  will  suffer  during  her  confinement  in  jail.     We  would 
be  glad  to  see  her  relieved  from  imprisonment,  and  recommend  that 
that  portion  of  her  sentence  be  remitted." 

21.  FERDINAND  LE  CLERC.     Pike  count}'.     Selling  Liquor  on  Sun- 
day.    February  22,  1872.     Twenty  dollars  fine  and  ten  days  in  county 
prison.      Pardoned   February   22.      Recommended   by   Hons.   G.   P. 
Heller  and   F.  R.  Olmstead,  associate  judges  ;  John  Klear,  J.   Hal- 
ted, J.  M'Cauty,  S.  W.  Drake  and  M.  K.  Rockwell,  jurors  in   the 
case  ;  II.  S.  Mott,  E.  B.  Eldred,  Eli  Cuddebcck,  S.  E.  Dimniick,  Jacob 
Kleinhaus,  D.  M.  Van  Auken,  C.  W.  Ball  and  John  Sclummell,  M.  ]>. 
Reasons :  Le  Clerc  is  a  man  of  good  character,  and  a  respected  mem- 


f)S  PARDON    HEPORT    OP   THE 

l>er  of  the  community  in  which  he  lives  ;  he  keeps  a  quiet  and  orderly 
house  ;  the  prosecution  was  malicious,  and  brought  only  for  revenge, 
the  prosecutor  having  committed  a  gross  assault  and  battery  upon  the 
defendant,  and  been  tried  and  convicted  therefor  ;  he  is  advanced  in 
years,  and  of  feeble  health;  the  jail  of  said  county,  from  dampness 
and  orher  causes,  is  unfit  for  the  confinement  of  a  person  in  his  state 
of  health,  and  his  further  imprisonment  will  be  likely  to  result  in  seri- 
ous consequences. 

22.  JEREMIAH  FORCE.     Allegheny  county.     Selling  Lottery  Tickets. 
February  10, 1872.     Five  hundred  dollars  fine  and  six  months  in  county 
work-house.     Pardoned  February  27.     "Recommended  by  A.  L.  Pear- 
son, district  attorney ;  lions.  Jas.  L.  Graham,  Geo.  II.  Anderson,  Miles 
S.  Humphries,  Matthew  Edwards,  James  Taylor  and  IJ.  K.  Sample, 
members  of  the  Legislature;  Thos.  Mellon,  Thos.  Howard,  Colonel 
Wrn.  Philips,  Thos.  Steele,  II.  S.  Fleming,  S.  F  Yon  Eonhurst,  W.  C. 
Moreland,  John  H.  Kerr,  Thos.  W.  Davis,  Alex.  H.  Miller,  Samuel  13. 
Cluly,  J.  M.  Gazzam,  G.  W.  Coffin,  James  Recs,  Louis  Hoyer,  M.  D. 
Peebles,  M.  H.  Markle,  Jno.  A.  M'Kenna,  W.  PI.  Maize,  T.  D.  Williams, 
S.  A.  Duncan,  Jas.  M.  Fisher,  S.  L.  Gibson,  Henry  Kane,  W.  II.  Brown, 
W.  G.  Stubbs,  W.  H.  Lowe,  J.  T.  Johnston,  R.  D.  Holmes,  Geo.  Keyser, 
Henry  W.  Barnes,  J.  S.  M.  Young,  D.  Fleming,  Win.  M.  Ilerron,  and 
other  reputable  citizens.     Reasons :    Force  is  sixty  j'ears  old  and  in 
ill  health  ;  his  ph}Tsician.  S.  J.  Furlough,  has  made  affidavit  that  he  is 
suffering  from  a  severe  bronchial  and  lung  disease  and  that  close  con- 
finement will  unquestionably  hasten  his  death.     He  has  always  ranked 
as  a  respectable  and  reliable  citizen  ;  he  did  not  think  he  was  amenable 
to  the  law,  having  taken  out  a  license  from  the  United  States  Govern- 
ment to  sell  lottery  tickets.     The  prosecution  was  for  the  sole  purpose 
of  extorting-  money.     He  has  not  engaged  in  the  said  business  for 
twenty  months,  and  has  entirely  abandoned  it.     None  of  the  facts  in 
the  case  justify  a  further  imprisonment. 

23.  N.  H.  LONQABAUGH.     Montgomery  county.     Selling  Liquor  on 
Sunday.     February  29, 1872.     Fifty  dollars  fine  and  ten  days  in  county 
prison.     Pardoned  February  29,  excepting  as  to  fine  and  costs.     Re- 
commended by  Andrew  J.  Sims,  George  W.  Steiner,  A.  W.  Dettra, 
John  C.  Richardson,  John  Whitcomb,  Jos.  C.  Beyer,  William  Stehler, 
<h  Henry  Friend,  L.  W.  Reed,  M.  D.,  Charles  II.  M'Coy,  F.  W.  Bigomy, 
M.  D.,  Samuel  Brown,  Jr.,  Jacob  Long,  "William  Wood,  and  George 


GOVERNOR   OP  PENNSYLVANIA.  51) 

X.  Corson.  Reasons :  Xo  liquor  has  been  sold  at  the  defendants 
hotel  on  Sunday  :  none  has  ever  been  knowingly  sold  to  minors  ;  com- 
plaint has  never  been  made  against  him  until  now ;  it  is  believed  the 
prosecution  was  instituted  through  malice,  and  the  ends  of  justice  do 
not  require  his  imprisonment. 

24.  JACOB  J.  BAKER.     Perry  county.     Entering  a  Building  with 
Felonious  Intent.    Xovember  2,  1871.     One  year  in  Eastern  Peniten- 
tiary.    Pardoned  March  1.     Recommended  by  Wm.  Grier,  John  II. 
Sheibley,  Dr.  F.  A.  Gutshall,  R.  C.  Adams,  John  Mianick,  Benjamin 
Ritter,  J.  B.  Froster,  Dr.  B.  P.  Hooke,  Daniel  Minnick,  Sr.,  Andrew 
Kell,  G.  C.  Palm,  J.  B.  Miller,  and  nearly  two  hundred  other  citizens 
of  Perry  county.     Reasons  :  Hon.  B.  F.  Junkin,  president  judge,  and 
lion.  John  A.  Baker,  associate  judge,  state  that  defendant  was  induced 
to  plead  guilty  under  misapprehension  of  the  discretion  of  the  court, 
and  that  he  could  not  have  been  convicted  upon  trial;  he  has  always 
been  an  honest,  upright  man,  and  has  a  wife  and  two  small  children 
dependent  upon  him  for  support. 

25.  JAMES  JONES.     Lehigh  county.     Larceny.     September  12, 1871. 
One  year  in  county  prison.     Pardoned  March  8.     Recommended  by 
Hon.  A.  B.  Longaker,  president  judge ;  David  Laney,  associate  judge ; 
Jonathan  Reichart,Wra.  II.  Hoffman,  Stephen  Kern,  Jno.  Strauss,  Hiratn 
JJalliett,  Thomas  Jacob}*,  and  Dr.  A.  J.  Martin.     Reasons :  The  prisoner 
is  in  ill  health  and  subject  to  epileptic  fits,  which  have  increased  in  fre- 
quency and  duration  since  his  imprisonment ;  unless  he  is  released,  loss 
of  reason  and  death  it  is  feared  may  ensue ;  he  cannot  be  relieved  or 
benefitted  by  medical  treatment  while  undergoing  confinement,  and 
clemency  in  his  case  would  be  an  act  of  justice  and  humanity. 

26.  Louis  WAELDE.    Yenango  county.    Robbery.    January  28, 1871. 
Five  years  and  one  month  in  Western  Penitentiar}-.     Pardoned  March 
S.     Recommended   by  Henry  C.  Johnson,   S.  Newton  Pettis,  C.  R. 
Marsh,  Thos.  W.  Graydon,  C.  W.  Tyler,  M.  Park  Davis,  J.  W.  II. 
Reisiuger,  W.  W.  Deishman,  Daniel  Grubb,  J.  H.  Beatty,  Samuel  T. 
Groff,  B.  G.  David,  Wm.  Armstrong,  Joseph  Fos,  E.  II.  Henderson, 
Alfred  Zimmerman,  N.  S.  Ernst,  Harvey  Sacket,  A.  L.  Pearson,  W. 
C.  Moreland,  and  many  other  citizens.     Reasons  :  Waelde  has  hitherto 
borne  a  good  reputation  for  honesty  ;  he  was  only  accessory  after  the 
fact ;  he  has  made  restitution  of  all  that  he  received  of  the  stolen 
property  ;  upon  the  assurance  that  he  would  be  exempt  from  prosecu- 


CO  PARDON    EEPOUT    OP   THE 

tion,  he   confessed   all   lie   knew  of  the   robbery  and  of  the   actual 
offenders,  and  thereby  was  the  means  of  advancing  public  justice. 

27.  LEV:  RUSH.     Allegheny  county.     Selling  Liquor  on   Sunday. 
March  12,  1872.     Seventy-five  dollars  fine  and  ten  days  in  county 
prison.     Pardoned  March  14,  excepting  the  fine.     Recommended  by 
Hon.   James   Blackmore,   mayor  of  Pittsburg ;    Hon.  A.  P.  Callow, 
mayor  of  Allegheny  city;  John  A.  Strain,  Chas.  B.  Strain,  J.  A.  Scott, 
W.  D.  Moore,  Thos.  J.  Keenan,  Alfred  Kerr,  Alex.  M.  Watson,  James 
H.  Kerr,  S.  II.  Lyon,  II.  P.  Miller,  James  M.  Taylor,  W.  J.  Asdale, 
James  Littell,  W.  H.  M'Cleary,  Joseph  Brown,  J.  E.  M'Elvey,  J.  C. 
M'Carthy,  and  other  reputable  citizens.     Reasons:  Rush  has  hereto- 
fore sustained  the  reputation  of  a  law-abiding  citizen  ;  the  ends  of 
justice  have  been  fully  satisfied  in  the  payment  of  the  fine  and  the 
punishment  already  inflicted. 

28.  MARY  BOYLE.     Chester  county.    Selling  Liquor  without  License, 
and  to  Minors.     February  29,  1872.     One  hundred  dollars  fine  and 
sixty  days  in  county  prison.     Imprisonment  reduced  to  thirty  days, 
March  19,  but  fine  not  remitted.     Recommended  by  W.  L.  Gray,  J.  L. 
Torwood,  John  Y.  Seiper,  A.  W.  Fairlamb,  J.  Morgan  Baker,  Perci- 
pher  Baker,  James  Lenny,  G.  W.  Weaver,  J.  0.  Dishong,  Jr.,  E.  C. 
Smith,  James  Barnes,  Wm.  M'Candless,  and  fifty  others.     Reasons  : 
She  is  a  widow,  sixty  years  of  age  ;  has  previously  borne  a  good  char- 
acter, and  proposes  giving  up  liquor  selling.     J.  T.  Torwood,  M.  I)., 
certifies  that  her  health  is  very  much  impaired  by  debility  and  old  age, 
and  that  the  imprisonment  will  seriously  injure  her  and  shorten  hci1 
life.     This  pardon  is  made  in  consequence  of  inequality  of  sentences 
with  other  identical  offences. 

29.  JOHN  M'GRAY  and  JOHN  O'\EIL.     Delaware  county.     Selling 
Liquor  on  Sunday.     February  28  and  29, 1872.     M'Gray  one  hundred 
dollars  fine  and  sixty  days  in  county  prison.     O'Neil  fifty  dollars  fine 
and  sixty  days  in  county  prison.     Imprisonment  of  each  reduced  to 
thirty  days,  March  23,  but  flues  not  remitted.     M'Gray's  pardon  is  re- 
commended by  N.  J.  Layton,  John  Lilly,  Jr.,  Amos  Gartside,  George 
Baker,  W.  Taylor,  H.  B.  Taylor,  George  Robinson,  Edward  Lilley, 
John  Larkin,  W.  C.  Gray,  John  E.  Dyer,  and  many  others.     O'Xeil's 
pardon  is  recommended  by  G.  E.  Darlington,  district  attorney  ;  W. 
Cooper  Talley,  Y.  S.  Walter,  Edward  A.  Price,  John  Hinkson,  Samuel 
H.  Leeds,  James  M'Dade,  Edward  Barton,  G.  W.  Weaver,  Samuel  A . 


GOVERNOR  OF   PENNSYLVANIA.  (>  L 

Dyer,  John  W.  Gamble,  Robert  Hall,  and  many  others.  Reasons  : 
M'Gray  has  always  borne  a  good  character.  This  is  his  first  offence  : 
and  he  has  a  wife  and  two  children  dependent  ou  him  for  support. 
O'Xeil  has  always  kept  an  orderly  house;  he  was  not  in  the  habit  of 
keeping  his  bar  open  on  Sunday.  The  reputation  of  the  witnesses  on 
the  part  of  the  Commonwealth  is  represented  as  very  bad.  He  has 
heretofore  occupied  a  good  position  in  society,  and  his  further  punish- 
ment would  answer  no  good  end.  This  pardon  is  granted  to  equalize 
punishment  for  identical  offences. 

30.  WILLIAM  A.  FARREN.  Armstrong  county.  Assault  and  Uatlrry. 
March  16, 1872.  Four  hundred  dollars  fine  and  six  months  in  county 
prison.  Pardoned  March  27,  excepting  as  to  fine  and  costs.  Reeora- 
rnended  by  ex-Governor  Wm.  F.  Johnston,  associate  counsel  for  Com- 
monwealth ;  David  Barclay,  counsel  for  prosecutrix ;  A.  J.  Montgomery, 
sheriff;  Jefferson  Reynolds,  district  attorney ;  E.  S.  Golden,  associate 
judge;  J.  L.  Conn,  Wm.  Reiber,  Thomas  Allen,  Jas.  M'Gee,  D.  J. 
Stewart,  A.  Campbell.  Chas.  T.  Reynolds,  O.  D.  Dyer,  W.  P.  Book, 
G.  C.  Smith,  W.  H.  H.  Bell,  and  forty  other  citizens.  Reasons:  An 
affidavit  of  Henry  M'Ghee,  states  that  Farren  suffered  a  terrible 
family  affliction  some  j'ears  ago,  since  which  time  his  reason  has  been 
impaired,  and  that  from  imprisonment  his  physical  system  is  much 
prostrated,  and  unless  he  is  released  there  is  great  danger  that  he  may 
wholly  lose  his  reason ;  and  under  all  the  extenuating  circumstances 
mercy  and  humanity  commend  him  to  clemency. 

:!1.  ALEXANDER  SIMPSON.  Mercer  county.  Arson.  September  20, 
\-  7 1.  Three  years  in  Western  Penitentiary  and  five  hundred  dollars 
fine.  Pardoned  April  4th,  excepting  as  to  fine.  Recommended  by 
Hon.  John  Trunkey,  president  judge;  W.  S.  Eberman,  sheriff;  A.  15. 
M'Cartncy,  Wm.  Maxwell,  N.  W.  Porter,  Geo.  S.  Westlake,  H.  M. 
Hamblin,  J.  C.  Brown,  J.  S.  Graham,  J.  M'Kinney,  P.  R.  M'Kinney, 
and  nearly  one  hundred  others.  Reasons  :  Simpson  was  convicted 
principally  on  the  testimony  of  the  prosecutrix,  who  is  very  old  and 
searcelj'  a  competent  witness ;  two  others,  on  the  same  indictment  with 
the  prisoner,  were  acquitted  ;  he  is  a  very  young  man,  and  mainly  the 
support  of  an  aged  mother ;  he  has  hitherto  borne  a  good  character, 
and  grave  doubts  exist  in  regard  to  his  guilt. 

32.  NEAL  M'CALLION.  Allegheny  county.  Keeping  a  Disorderly 
House.  March  23, 1872.  Three  hundred  dollars  fine  and  nine  months 


Ii2  PARDON   REPORT   OF    TIIK 

in  county  work-house.  Pardoned  April  11.  Recommended  by  T. 
Tobias,  M.  Streny,  John  D.  Nave,  Robert  A.  Bell,  Henry  Ackerman, 
A.  II.  Fisher,  Wm.  M.  Leiton,  T.  A.  Edwards,  S.  S.  M'Kimmell,  II. 
Smith,  Frederick  Aines,  Arthur  M'Fadden,  Thos.  Connel),  Jacob  An- 
derson, Joshua  Rhodes,  J.  L/.  Dillinger,  IT.  W.  Buffrem,  R.  M'Gow:. :<, 
David  Danzeath,  II.  Brady  Wilkins,  W.  C.  Moreland,  and  many  others. 
Reasons :  M'Callion's  conviction  was  based  on  very  doubtful  testi- 
mony ;  he  has  always  bore  a  good  character,  and  the  sentence  was 
extremely  severe.  His  physician,  W.  V.  Marquis,  states  that  the 
prisoner  "  has  been  an  invalid  for  the  greater  part  of  tbe  year  and 
will  scarcely  outlive  his  sentence." 

33.  GEORGE  BROWN.     Mercer  count}7.     Murder.     April  24,   18C9. 
Eleven  years  in  Western  Penitentiary.     Pardoned  April  24.     Recom- 
mended by  Hon.  John  Trunkey,  president  judge;    lions.  David  M. 
Findley  and  John  Lightner,  associate  judges;    Henry  M.  Hamlin, 
district  attorney;  I.  M.  Sheriff,  W.  M.  Martin,  I.  II.  Robinson,  Robert 
M.  Walty,  J.  D.  Moore,  Jr.,  R.  M.  Irwin,  R.  II.  Irwin,  J.  H.  Rankin, 
P.  E.  Shifler,  W.  A.  M'Cormick,  J.  II.  Mutter,  J.  O.  White,  Wm.  M. 
Robinson,  W.  M.  Gibson,  and   nearly   one   hundred  other    citizens. 
Reasons:  Brown's  health  has  become  so  much  impared  that  longer 
imprisonment  will  endanger  his  life ;    his  conduct  while  in.  prison  has 
been  good;  he  was  only  seventeen  years  of  age  when  convicted;  he  is 
the  principal  support  of  a  widowed  mother,  and  other  circumstances 
fully  vindicate  Executive  clemency. 

34.  ALFRED  COLLINS.     Philadelphia.    Embezzlement.    November  22, 
1871.     One  year  in  county  prison.      Pardoned  April  25.      Recom- 
mended by  Eleanor  Dean,  the  prosecutrix  :   Hons.  Samuel  D.  Strock 
and  J.  B.  Hancock,  members  of  the  House  of  Representatives,  from 
Philadelphia  ;   John  Blond  and  William  F.  Moskey.      Reasons  :    T. 
Yale  Smith,  physician  for  the  prison,  states  that   Collins  is  dying  of 
disease  of  the  lungs,   and   cannot  live  many   days;    his  release   is 
prompted  from  motives  of  humanity,  so  that  he  may  die  at  home  at- 
tended by  his  parents,  who  are  worthy  and  respectable  people.     Since 
reported  dead. 

35.  JOHN  LONG.     Allegheny  county.     Assault  and  Battery.     Feb- 
ruary 10,  1872.     Six  months  in  county  work  houss.     Pardoned  May 
3.     Recommended  by  Hon.  A.  P.  Callow,  mayor  of  [Allegheny  city  ; 
John  Magran.  Samuel  Hastings.  Wm.  P.  Hunskers,  Louis  Hilke.  Wm. 


GOVERNOR   OF   PENNSYLVANIA.  (>:> 

C.  Rea,  Wm.  C.  Cook,  and  Joseph  A.  Drexler,  members  of  police  com- 
mittee ;  Jacob  H.  Miller,  Thos.  M.  Marshall,  A.  L.  Pearson,  and  Thos. 
M.  Bayne,  and  many  others.  Reasons :  Long  has  always  borne  a 
good  character  ;  he  has  served  on  the  police  force  with  credit  for  sev- 
eral years  ;  he  has  a  wife  and  six  children  dependent  0:1  him  for  sup- 
port ;  his  wife  is  at  times  deranged  and  unfit  to  take  care  of  the  family  : 
and  all  the  facts  justify  the  prisoners  release. 

3G.  WILLIAM  PHFLLIPS.  Tioga  county.  Assault  and  Battery  icitfi. 
Intent  to  Commit  a  Rape.  June  2,  1870.  Five  hundred  dollars  fine  and 
four  years  in  Eastern  Penitentiary.  Pardoned  May  3.  Recommended 
by  Hon.  R.  G.  White  and  Hon.  G.  W.  Williams,  president  judges  ;  .J. 
C.  Strang,  district  attorney  ;  Henry  Sherwood  and  M.  F.  Elliott,  at- 
torneys for  the  prosecutrix;  John  J.  Mitchell,  and  a  number  of  the 
members  of  the  bar  ;  all  of  the  county  olficers  ;  several  jurors  in  the 
case,  and  nearly  three  hundred  citizens  of  Tioga  count3r.  Reasons  : 
Phillips  is  quite  a  young  man,  and  has  always  borne  a  good  character ; 
the  circumstances  justify  Executive  intervention. 

."7.  GUY  SMITH.  Bradford  county.  Adultery.  February  9,  1372. 
Six  mouths  in  count}'  jail  and  two  hundred  and  fifty  dollars  fine. 
Pardoned  May  4.  Recommended  by  Hon.  Ulysses  Mercur,  S.  W.  Al- 
vord,  J.  P.  Yan  Fleet,  Allen  M'Kean,  E.  W.  Hale  and  E.  W.  Kinney  ; 
also  J.  L.  Woodburn,  D.  L.  Kepple,  J.  A.  Neigh,  J.  J.  Swartz,  M.  S  Le- 
vers, Edward  K.  Salem  and  John  N.  Christian,  seven  of  the  jurors  in 
the  case.  Reasons :  Smith  was  convicted  upon  the  unsupported  tes- 
timony of  the  prosecutrix  whose  chastity  is  not  above  suspicion,  and 
who  is  strongly  suspected  of  having  been  improperly  influenced  to 
prosecute  defendant ;  he  makes  affidavit  that  he  never  was  guilty  of 
the  crime  whereof  he  was  convicted  ;  the  petitioners  firmly  believe  him 
innocent,  and  the  facts  demand  his  liberation. 

38.  T.  J.  SPENCER.  Warren  county.  Assault  with  Intent  to  Com- 
mit a  Rape.  March  6, 1869.  One  hundred  dollars  fine,  and  four  years 
and  six  months  in  the  Western  Penitentiaiy.  Pardoned  May  4.  Re- 
commended by  Hon.  S.  P.  Johnson,  president  judge ;  lions.  S.  S.  Win- 
nom  and  James  Dennison,  associate  judges  ;  Hon.  Harrison  W.  Allen, 
Matilda  Toby,  the  prosecutrix ;  C.  W.  Stone,  L.  F.  Palmer,  Robert 
Dennison,  R.  Brown,  H.  W.  Jamison,  Frank  D.  Reeves,  G.  W.  Allen, 
Welbert  Allen,  R.  B.  Smith  and  numerous  citizens.  Reasons  :  Spencer's 
health  has  been  broken  down  by  his  long  confinement ;  his  sentence 


(!4  PARDON    IIEPOIIT   OF   THE 

was  very  severe  ;  having  served  over  three  3rears  the  ends   of  justice 
have  been  fully  met. 

:',9.  JOHN  GORE.  Cambria  county.  Murder  in  the  Second  Degree. 
December  15,  18G5.  Fourteen  j-ears  and  nine  months  in  the  Western 
Penitentiary.  Pardoned  May  7.  Recommended  by  Hon.  D.  J.  Morrell, 
Hubert  W.  Hunt,  II.  A.  Boggs,  Jacob  Campbell,  Cyrus  Elder,  Joseph 
Parks,  A.  C.  Mullen,  W.  K.  Pypher,  Cyrus  S.  Pershing,  Wm.  Orr, 
John  S.  Khey,  and  all  of  the  jury  who  convicted  him.  Reasons  : 
Gore  had  just  returned  from  the  army,  and  was  under  the  influence  of 
liquor  when  he  committed  the  crime,  and  under  great  provocation  ;  his 
health  has  failed,  and  he  will  die  in  prison  unless  released  ;  the  warden 
and  chaplain  of  the  penitentiary  certify  to  his  good  conduct,  believe 
him  sincerely  penitent,  and  recommend  his  pardon.  Circumstances  do 
not  justify  longer  incarceration. 

40.  HUGH  MAURA,  and  JAMES  DOUGHERTY.  Philadelphia.  Assault 
and  Battery  with  Intent  to  Kill.  November  20,  1869.  Each  one  thou- 
sand dollars  fine,  and  six  3'ears,  eleven  months  and  twenty-three  days 
in  Eastern  Penitentiary.  Pardoned  May  25,  1872,  excepting  as  to  tine 
and  costs.  Recommended  by  James  J.  Brooks,  prosecutor  ;  A.  Buzby, 
M.  Elere,  Geo.  F.  Kidd,  Geo.  Cryps,  John  H.  Adamson,  John  Donald- 
son, Chas.  R.  Doane,  Henry  Kippleand  and  Phineas  Lewis,  nine  of 
the  jurors  in  the  case ;  A.  Welch,  W.  N.  Oakford,  Jas.  S.  Carter,  M. 
Colm,  D.  H.  Louderbach,  Alfred  Stimmel,  W.  W.  Bell,  II.  Backroad, 
Harvey  O'Neill,  J.  W.  Dyer,  Wm.  Trappe,  Chas.  Hill,  J.  F.  Reddy,  A. 
H.  Randall,  John  Scott,  A.  F.  Young,  J.  R.  Coxe,  II.  S.  Jewell,  W.  II. 
Ward,  Harry  P.  Stein,  Wm.  II.  Anderson,  Chas.  W.  Carrin,  W.  C.  P. 
Coret,  Jas.  G.  Wcldon,  E.  Lehman,  E.  Klaglin,  Whitney  &  Son,  J.  M. 
Smith  &  Son,  Geo.  J.  Burkhardt,  Ellis  P.  Moore  &  Co.,  Francis  I). 
Pastorias,  W.  II.  Robins,  F.  Widmyer,  Wra.  Ward,  J.  Beck,  Chas. 
Woodward,  E.  L.  K  rider,  Wm.  W.  Wallace,  Henderson  Young,  Gay- 
lord  Harvey,  Wm.  S.  Stover,  S.  A.  J.  M'Fall,  Samuel  Davies,  E. 
Jones  Lester,  Chas.  F.  Hoyt,  Geo.  W.  Fitzwater,  Chas.  Fitzwater,  Nel- 
son Brown,  Daniel  F.  Merely,  Robert  Smith,  W.  D.  Smith,  J.  M.  Ham- 
mill,  Robert  Morris,  Geo.  C.  Hammill,  J.  A.  Longbridge,  Hon.  Robert 
P.  Dechert,  Hon.  D.  A.  Nagle,  J.  M'Colgan,  Chas.  T.  Burns,  George 
Concannon,  Chas.  II.  Dougherty,  W.  W.  Dougherty,  J.  B.  Delaney, 
Chas.  W.  Wilcox,  John  Parsons,  Hart,  Wallace  &  Co.,  and  others. 
Reasons  :  It  is  represented  that  the  conviction  took  place  at  a  time  of 


GOVERNOR   OP   PENNSYLVANIA.  05 

great  excitement  and  prejudice  against  the  prisoners.  The  prosecutor, 
Mr.  Brooks,  in  his  letter  requesting  the  pardon,  says  :  "Learning  that 
an  effort  is  to  be  made  to  procure,  from  your  Excellency,  the  pardon  of 
James  Dougherty  and  Hugh  Marra,  convicted  of  an  assault  and  battery 
on  my  person,  permit  me  to  say  I  shall  be  gratified  to  learn  that  you 
have  extended  to  them  the  clemency  of  a  pardon."  It  was  further  rep- 
resented and  strongly  pressed,  that,  by  the  pardon  of  these  persons,  in- 
formation would  be  obtained  of  sueh  a  character  as  would  uncover  and 
bring  to  light  numerous  criminal  offences  against  the  revenue  laws  of 
the  United  States,  and  felonies  against  the  laws  of  this  State,  and 
Avould  greatly  aid  in  the  administration  and  furtherance  of  public  jus- 
tice. The  punishment  received  by  each  is  two  years,  six  months  and 
five  days,  the  payment  of  a  fine  of  one  thousand  dollars  each,  and  the 
costs  of  suit. 

41.  HENRY  PIFER.     Westmoreland  county.     Assault  and  Battery. 
February  10, 1872.     Two  hundred  dollars  fine  and  six  months  in  coun- 
ty prison.     Pardoned  June  1,  excepting  as  to  fine.     Recommended  by 
Alexander  Kilgore,  sheriff;  Geo.  W.  Frick,  J.  M.  Laird,  J.  H.  High- 
berger,  Wm.  P/everter  and  Hugh  Ryan,  county  commissioners ;  Peter 
Enset,  H.  P.  Laird,  H.  Cop,  Jonas  Pifer,  A.  A.  Stewart,  W.  H.  Klin- 
gensmith,  J.  D.  Gill,  J.  J.  Johnston,  J.  C.  Snodgrass,  Jas.  S.  Moor- 
head,  A.  G.  Marsh,  W.  Baughman,  R.  W.  Singer,  James  A.  Hunter, 
Eli  A.  Fisher,  H.  Kettering,  C.  H.  Herber,  George  Dorn,  S.  L.  Carpen- 
ter, I.  W.   Tarr,  J.   Gross,  Hon.  John   Latta  and   C.  F.  Warden. 
Reasons :     Pifer  has,  previous  to  conviction,  always   borne  a  good 
character,  and  this  act  was  done  under  great  provocation.     The  pe- 
titioners are  confident  in  the  belief  that  he  will  hereafter  remain  a  good 
citizen  ;  the  punishment  already  suffered  is  considered  quite  sufficient. 

42.  MARY  CORNELL.     Erie  county.      Burglary.      May  28,   1870. 
Three  years  in  Western  Penitentiary.     Pardoned  June  7,  on  recom- 
mendation of  the  board  of  inspectors  of  the  Western  Penitentiary.     T. 
H.  Nevin,  president  of  the  board,  says :     "  The  board  of  inspectors  of 
the  Western  Penitentiary  have  requested  me  to  apply  to  you  for  the 
pardon  of  Mary  Cornell,  from  Erie  county,  Pa.,  sentenced  May  28,  * 
1870,  for  three  years.     Her  sentence  by  commutation  will  expire  Jan- 
uary 28, 1873.    She  is  29  years  of  age.    Her  conduct  has  been  uniform- 
ly good,  we  ask  your  clemency  in  her  behalf  because  of  her  very  feeble 
health.    She  will  hardly  live  many  weeks  longer.    The  Sisters  of  Mercy 

5 


(>(>  PARDON   REPORT    OP   THB 

in  Pittsburg  will  take  charge  of  her  if  released,  and  care  for  her  while 
she  lives.  I  hope  you  will  give  this  matter  your  immediate  and  favor- 
able attention/' 

43.  JOHN  DOUGHERTY.     Philadelphia.     Larceny  and  Carrying  Con- 
cealed Deadly  Weapons.     November  16,  1870.     Four  years  in  county 
prison.     Pardoned  June  8.     Recommended  by  John  Wilson,  prosecu- 
tor; Isaac  Clymer,  Bernard   Ginity,  Win.  Shuters,  Wra.  A.  Lamb, 
David  Mercer,  James  W.  Haig,  John  H.  Reakert,  Wm.  Duberry,  Lukins 
Tomlinson,  Wm.  Stenger  and  George  Noble,  jurors  in  the  case  ;  W.  J. 
Pollock,  Thomas  Barry,  James  Givin,  Wm.  Groynn,  M.  D.,  Robert  P. 
Dechert,  Hons.  Wm.  S.  Stokley  and  H.  R.  Kneass.     Reasons :     II.  Yale 
Smith,  physician  of  the  prison,  certifies  that  "  Dougherty  is  now  in 
phthisis  pulmonaliS)  and  will  not  live  in  prison  half  his  unexpired  term, 
and  is  confined  to  his  bed  and  sinking  fast."     His  conduct  in  prison 
has  been  uniformly  good,  and  all  the  circumstances  justify  his  release. 

44.  HENRY  DORAN.     Fayette  county.     Murder  in  the  Second  Degree. 
June  11,  1870.     Seven  years  in  Western  Penitentiary.     Pardoned  June 
8.     Recommended  by  Hon.  S.  A.  Gilmore,  president  judge  ;  Hons. 
Alex.  Cron  and  11.  M'Cormick,  associate  judges  ;  J.  M.  Ogleon,  dis- 
trict attorney  ;  J.  K.  M'Donald,  prothonotary ;  D.  Kaine,  and  over  two 
hundred  other  citizens.     Reasons :     There  was  no  intention  on  the 
part  of  Doran  to  commit  a  homicide  ;  there  was  no  ill-will  between  him 
and  Lowe,  the  person  killed ;  [Lowe  began  the  fight — Doran  knocked 
him  down  with  his  fist,  and  Lowe  died  in  about  an  hour ;]  no  weapon 
was  used  and  the  killing  was  accidental.     Dr.  John  Boyd  has  certified 
that  the  health  of  the  prisoner  is  in  a  critical  condition,  he  having 
treated  him  for  pleuritus,  and  then  for  phlegmonious  erysipelas,  com- 
plicated with  other  diseases.     He  is  a  young  man,  industrious  and 

•  peaceful,  and  his  release  would  be  an  act  of  justice  and  humanity. 

45.  CAROLINE  BUPP.     Perry  county.     Larceny.     August  10,  1871. 
Two  years  in  Eastern  Penitentiary.     Pardoned  June  12.      Recom- 
mended by  Mrs.  M.  A.  Bassett,  prosecutrix ;  J.  H.  Graham,  president 

judge;  B.  P.  M'Intyre,  district  attorney  ;  T.  J.  Sheibley,  J.  J.  Spone- 

'berger,  D.  Mickey,  D.  M.  Rinesmitte,  J.  A.  Magee,  Hon.  B.  F.  Junkiti, 
Geo.  F.  M'Farland,  J.  W.  Albright,  J.  L.  Gantt,  G.  W.  Zinn,  Phil. 

JJosserman,  Charles  F.  M'Junkin,  J.  Rinehart,  J.  R.  D  unbar,  Jno.  L. 

'  Singer,  R.  L.  Armstrong  and  many  other  citizens  of  Perry  and  Dau- 
phin counties.  *  Reasons  :  She  has  a  family  of  six  children,  and  upon 
her  devolves  the  burden  of  their  maintenance  ;  three  of  the  children 


GOVERNOR   OP   PENNSYLVANIA.  07 

are  too  young  to  do  anything  towards  their  support,  and  one  of  them 
is  an  invalid;  the  sentence  was  very  severe,  and  the  ends  of  justice 
have  been  attained  in  the  imprisonment  already  suffered. 

46.  MICHAEL  DOEBLER.     Lancaster  county,     llobbsry.     January  17, 
1872.     Five  hundred  dollars  fine  and  four  years  and  nine  months  in 
county   prison.      Pardoned   June    13.     Recommended  by  Frederick 
Myers,  sheriff;    D.  P.  Rosenmiller,  Jr.,  district  attorney;    John  \\. 
Mertzer,  prison  keeper,  and  the  entire  board  of  prison  inspectors  ;  J. 
B.  Amwake,  D.  W.  Patterson,  John  P.  Rea,  Samuel  II.  Reynolds,  II. 
B.  Swarr,  R.  H.  Long,  W.  W.  Hopkins,  Win.  Aug.  Atlec,  Chas.  Pen- 
nes,  O.  J.  Dickey,  Emlen  Franklin,   P.  D.  Baker,  and  fourteen  other 
members  of  the  Lancaster  bar ;  J.  Kahler  Snyder,  Elwood  Greist,  A. 
S.  Henderson,  G.  W.  Krene,  J.  L.  Kaufman,  C.  L.  Hunsecker,  P.  B. 
Fortney,  and  many  other  citizens.     Reasons :  The  facts  elicited  on  the 
trial  of  Doebler  scarcely  justified  a  conviction  and  were  not  aggravated ; 
the  only  testimony  was  that  of  the  prosecutor,  who  was  very  drunk  at 
the  time  of  the  alleged  act ;  the  entire  jury  have  joined  in  the  petition 
for  pardon,  stating  that  the  facts  were  those  of  a  drunken  frolic  and 
by  no  means  justified  the  severe  sentence  imposed  ;    the  prisoner's 
character  was  always  good  and  he  has  been  sufficiently  punished. 

47.  SAMUEL  SAGE,  WILLIAM  SANKEY  AND  ISAIAII  BELL,    Lawrence 
county.     Burglary.     May  18, 1872.     Each  twenty  dollars  fine  and  six 
months  in  county  prison.     Pardoned  June  15      Recommended  by  II. 
W.  Boyles,  the  prosecutor;    Hon.  Thos.  Pomeroy,  associate  judge; 
J.  Davis,  sheriff;    S.  K.  M'Ginnis,  prothonotary  ;  Isaac  Murdick,  Jr., 
county  treasurer ;   John  W.  Wallace,  D.  Craig,  Sylvester  Gaston,  W. 
X.  Aiken,  S.  W.  Danna,  C.  M.  Phillips,  J.  M'Michael,  Rev.  D.  X. 
Junkin,  A.  P.  Moore,  W.  C.  Harbison,  J.  M.  Lawrence,  J.  F.  Johnson. 
John  Young,  John  R.  Pattison,  John  N.  Enery,  J.  B.  Hardaker,  D.  S. 
Clark,  Hugh  Flinn,  John  Mitchell,  G.  W.  M'Cracken,  Thomas  Henry. 
W.  P.  Morrison,  John  M'Kinley,  J.  H.  Gilliland,  John  Bower,  and 
about  four  hundred  others.     Reasons:    Two  of  the  defendants  are 
young  men  yet   in  their  minority;   they   have   hitherto   borne  irre- 
proachable characters  ;  one  of  them  is  the  only  support  of  an  aged  and 
infirm  mother,  a  lunatic  aunt  and  an  orphan  nephew ;  the  offence  was 
committed  whilst  they  were  under  the  influence  of  intoxicating  liquors, 
and  no  serious  damage  was  done  to  the  proprietor  of  the  store  enteredj 

48.  STEPHEN  BONFIELD.     Philadelphia.    Assault  and  Battery  with 
Intent  to  Ravish.     October  1,  1870.     Five  years  in  Eastern  Pcnitei 


CS  P^KDJN   BEPOKT   OP   THE 

tiary.  Pardoned  June  27.  Recommended  by  lions.  Robt.  P.  Dechert, 
K.  W.  Davis,  D.  A.  Nagle  and  Chas.  A.  Porter,  members  of  the  Legis- 
lature from  Philadelphia;  R.  C.  Tittermay,  Alex.  M'Cuen,  Jas.  Given, 
Jno.  F.  Sharkey,  Francis  P.  Haggerty,  Geo.  C.  Barton,  T.  A.  M'Devitt, 
Henry  C.  Hawkins,  James  T.  Ford,  W.  II.  Gilpin,  James  W.  Latta,  T. 
A.  M'Clelland,  Joseph  F.  Stockdale,  John  F.  Glenn,  John  C.  Lees,  II. 
Hunter,  James  L.  Clifford,  and  others.  Reasons :  Affidavits  filed,  state 
that  the  prosecutrix  was  a  common  prostitute,  addicted  to  habits  of  in- 
toxication, and  a  frequenter  of  the  lowest  haunts  in  said  city ;  the  de- 
fendant was  tried  on  the  woman's  evidence  alone,  and  if  her  character 
had  been  proven  on  the  trial,  he  would  have  been  convicted  of  assault 
and  battery  only;  none  of  the  facts  in  the  case  justify  a  further  con- 
tinuance of  punishment. 

49.  ISAAC  MORRISON.     Clearfield  county.     Harder  in  the    Second 
Degree.     January  16,  1869.     Seven  years  and  six  months  in  Western 
Penitentiary.     Pardoned  Juty  2.     Recommended  by  Hon.  C.  A.  Mayer, 
president  judge ;  Wm.  C.  M'Cullough,  district  .attorney ;  H.  B.  Swope, 
John  Lawshe,  Justin  J.  Pie,  A.  C.  Tate,  George  M.  Brisbin,  C.  Howe, 
J.  B.  Walters,  G.  Ashman,  Millar  M.  M'Xeil,  R.  A.  Miller,  Philip 
Brown,  D.  Caldwell,  C.  A.  Willoughby,  and  many  others.     Reasons  : 
Morrison  has  hitherto  borne  an  irreproachable  character ;  that  the  blow 
was  struck  in  a  moment  of  fear  and  without  the  slightest  intention  to 
kill  or  do  great  bodily  harm  ;  he  has  a  wife  and  six  children  in  extreme; 
poverty ;  having  served  out  more  than  half  his  sentence  he  has  been 
sufficiently  punished  ;  he  is  predisposed  to  pulmonary  consumption 
and  cannot  live  much  longer  in  prison  ;  the  prison  physician,  D.  N. 
Ranldn,  certifies  that  he  has  several  times  been  under  treatment  for 
hemorrhage  of  the  lungs. 

50.  JOHN  PRICE.     Mifflin  county.     Larceny  and  Entering  a  Shop 
with  Intent  to  Commit  a  Felony.    August  27, 1870,     Six  years  and  six 
months  in  Eastern  Penitientiarj^.     Pardoned  July  3.     Recommended 
by  Hon.  Samuel  S.  Woods,  president  judge;  Hons.  Wm.  Ross  and  A. 
Troxell,   associate  judges;   J.   S.   Rakerd,   district   attorney;    Elias 
Rheam,  A.  P.  Mitchell,  S.  B.  M'Arte,  W.  E.  M'Dowell,  D.  F.  Milliken, 
Isaac  Strode,  James  Foust,  John  Calwell,  J.  P.  Taylor,  Wm.  Wilson, 
L.  A.  Pollock  and   Charles   Bratton,  jurors  ;   James  Burns,  G.  W. 
Woods,  R.  W.  Patton,  J.  Irwin  Wallace,  W.  Johnson,  J.  S.  Houtz, 
0.  0.  M'Lean,  W.  Irwin,  and  many  others.     Reasons:  Rice  was  con- 


GTTERXOR   OF   PENNSYLVANIA.  GO 

victed  solely  upon  the  evidence  of  a  woman  of  notoriously  bad  char- 
acter, who,  upon  the  testimony,  wag  as  guilty  as  himself;  the  punish- 
ment already  undergone  is  sufficient,  even  if  he  was  guilty  ;  his  health 
is  suffering  from  confinement ;  the  prison  physician  of  the  Western 
Penitentiary,  to  which  he  has  since  been  transferred,  certifies  that  he 
has  required  occasional  treatment  for  palpitation  of  the  heart ;  all  the 
facts  demand  his  release. 

51.  EDWIN   KNIPE.      Montgomery   county.      Adultery.     March  1, 
1872.     Six  months  in  county  prison.     Pardoned  July  11.     Recom- 
mended by  Hon.  H.  C.  Hoover,  associate  judge  ;  H.  M.  Branner,  dis- 
trict attorney  ;  Rev.  A.  G.  Werstner,  C.  H.  Stinson,  Henry  Livezev, 
Joseph  Ruch,  David  Jamison,  Alexander  Schall,  Henry  Acker,  Jared 
Evans,  Edw.  Schall,  Thomas  C.  Rambo,  A.  W.  Corson,  Jr.,  John  R. 
Breitenbach,  B.  M.  Boyer,  H.  L.  Drake,  II.  T.  Slemmer,  Jr.,  Samuel  M. 
Markley,  and  fifty  others.     Reasons  :    Kuipe  is  a  young  man,  has  a 
wife  and  interesting  family  prostrated  by  his  misfortune  ;  he  was  con- 
victed mainly  on  the  evidence  of  Annie  Long,  the  prosecutrix,  a  girl 
of  exceedingly  bad  repute ;  the  petitioners  believe  that  conviction  on 
her  evidence  is  unsafe  and  improper ;  he  has  served  the  greater   part 
of  his  sentence  and  the  ends  of  justice  have  been  fully  attained. 

52.  HENIIY  WARD.     Wyoming   county.     Manslaughter.     February 
2, 1872.     Tliree  hundred  dollars  fine  and  nine  months  in  county  prison. 
Pardoned  July  15.     Recommended  by  Hon.  Charles  R.  Buckalew,  II. 
Comstock,  sheriff;  E.  J.  Keeney,  prothonotary ;  S.  II.  Sickles,  register 
and  recorder;  G.  M.  Harding,  president  judge,  Luzerne  county  ;  L.  D. 
Shoemaker,  Wrn.  Lilly,  V.  E.  Piolett,  John  C.  Bullitt,  Geo.  W.  Wood- 
ward, A.  Lathrop,  Asa  Packer,  M.  C.  Mercur,  W.  W.  Ketchum,  Edwin 
S.  Osborne,  Hendrick  B.  Wright,  Stanley  Woodward,  Henry  M.  Hoyt, 
E.  P.  Darling,  T.  A.  Miller,  R.  P.  Ross,  E.  S.  Handrick,  N.  M'Devitt, 
II.  Sherman,  Cyrus  Stark,  P.  M.  Osterhout,  F.  C.  Ross,  C.  P.  Miller, 
1).  D.  DeWitt,  S.  Stark,  James  Kelly,  P.  C.  Burnett,  C.  D.  Gearhart, 
.1.  C.  Wright,  Thos.  B.  Wall,  James  N.  Pratt,  Frank  II.  Pratt,  A.  Day, 
and   many   other  citizens.     Reasons :     The   unfortunate    occurrence 
which  led  to  Ward's  conviction  was  at  a  time  when  both  he  and  Shaler, 
the  deceased,  were  intoxicated.    The  relations  between  them  had  always 
been  friendly.     The  shooting  was  purely  accidental  and  without  any 
malice,  as  stated  by  Shaler  to  his  physician,  Dr.  Sayre.    Affidavits  of 
J.  F.  Rothrock,  Edward  R.  Mayer  and  John  V.  Smith,  physicians, 


70  PABEOX   EEPOET   OF   THE 

slate  that  the  prisoner  is  suffering  from  severe  nervous  prostration  and 
partial  paralysis,  and  his  mental  condition  is  such  from  his  excitable 
nervous  organization  that  unless  released  he  will  be  a  mental  and  physi- 
cal wreck,  paralyzed  and  insane  for  life. 

53.  FRANK   STAPLKFORD.     Lancaster   county.      Robbery.    January 
]  7,  1872.     Four  years  and  nine  months  in  county  prison,  and  live  hun- 
dred dollars  fine.     Pardoned  July  2G.     Recommended  by  D.  P.  Rosen- 
miller,  Jr.,  district  attorney  ;  H.  W.  Gray  bill,  Jacob  B.  Stehman,  Henry 
Eckert,  Lewis  J.  Kirk,  Henry  C.  Herr,  Henry  Atnmons,  Jacob  A. 
Ruck,  John  B.  Knox,  Alvin  King,  A.  P.  M'llvain,  John  M.  Hershey 
and  John  A.  Stonier,  all  of  the  jurors  in  the  case;  Ezra  Reist,  Chris- 
tian Gast,  C.  II.  Landis,  Lewis  Specher,  Jacob  S.  Witmer  and  II.  S. 
Musser,  prison  inspectors  ;  John  B.  Warfel,  D.  W.  Patterson,  John  M. 
Amweg,  Philip  I).  Barker,  II.  C.  Brubaker,  Charles  Dennes,  Benjamin 
F.  Baer,  II.  B.  Swar,  Samuel  II.  Price,  B.  P.  Eshelmau,  A.  R.  Barr, 
Samuel  A.  Groll',  Samuel  Musselman,  W.  S.  Shirk,  Samuel  Hess,  Geo. 
F.  Miller,  Martin  Stanton,  and  many  others.     Reasons  :     The  prosecu- 
tor in  the  case  was  intoxicated  during  the  evening  the  alleged  crime 
was  committed,  and  on  the  following  morning  could  give  no  satisfac- 
tory account  of  his  loss.     It  is  believed  that  the  evidence  produced  at 
the  trial  was  not  sufficient  to  justify  a  conviction.     The  defendant  is 
yet  in  his  minority;  he  has  previously  borne  'a  good  character;  hi.s 
conduct  in  prison  has  been  uniformly  good  ;  he  has  a  widowed  mother 
dependent  upon  him  for  support ;  and  no  good  can  result  from  his 
further  confinement. 

54.  ANDREAS  MILLER.    Allegheny  county.    Larceny.    June  29,  1872. 
One  hundred  dollars  fine  and  six  months  in  county  work-house.     Par- 
doned August  10.     Recommended  by  Hon.  Edwin  II.  Stowe,  associate 
law  judge;  lion.  James  P.  Sterrett,  president  judge;  II.  S.  Baurn,  P. 
P.  Piedmont,  J.  C.  Hill,  James  Towell,  John  R.  Baurn,  D.  II.  Kuhn, 
Edward  Duff,   Richard  Thompson,  George  Reichard,  Harry  White, 
Joseph  Irwin,  John  N.  Berlin,  John  I.  Marchaud,  Wm.  M.  M'Cotnbs, 
R.  D.  Beattj*,  Alex.  Bates,  A.  II.  Gross,  Albert  Laufman,  W.  Lowery, 
Thomas  J.  Black,  Thomas  M.  Bayne,  and  many  others.     Reasons : 
Miller  has  hitherto  borne  a  good  character  ;  the  jur}r  recommended  him 
to  the  mercy  of  the  court ;  the  petitioners  believe  him  innocent  of  any 
intentional  wrong;  and  he  has  a  wife  and  family  dependant  upon  him 
for  suppoit.     Hon.  Edwin  II.  Stowe,  associate  law  judge,  states  that 


GOVERNOR   OF   PENNSYLVANIA.  71 

if  he  had  been  on  the  jury  he  should  not  have  convicted  him,  but  did 
not  feel  there  was  sufficient  cause  to  grant  a  new  trial,  and  since  the 
trial  he  has  become  fully  satisfied  that  the  sentence  imposed  by  him 
was  unduly  severe,  and  should  be  remedied,  and  in  view  of  all  the 
facts  in  the  case  recommends  a  pardon. 

55.  JAS.  S.  BIRMINGHAM,  ANDREW  J.  WIIILTON,  THOMAS  II.  GREAVY, 
THOMAS  F.  BLAKE,  PATRICK  CONLIN,  DANIEL  M'MULLIX,  WILLIAM 
MANX,  D.  BUSHONO,  DAVID  BEAUCHAMP,  HENRY  CROOK,  THOMAS 
HACKETT,  JACOB  WOLF,  Louis  PLANK,  PATRICK  DUGAN,  JOSEPH 
SHEARER,  TIMOTHY  SHANNON,  MICHAEL  EUSTICE,  ANDREW  SPURLONG, 
JAMES  SLADEN,  JOHN  BRISSETT  and  MODESTA  BERGERON.  Lycoming 
county.  Pdotand  Assault  and  Battery.  September  14, 1872.  Birming- 
ham, Whilton,  Greavy  and  Blake  each  one  year  in  Eastern  Peniten- 
tiary. Conlin,  M'Mullin,  Maun,  Bushong  and  Beauchamp,  a  fine  of 
one  dollar.  Crook,  three  months  in  county  prison.  Hackett,  Wolf, 
Plank  and  Dugan,  two  months  in  county  prison.  Shearer,  ten  days 
in  county  prison.  Shannon,  thirty  days  in  county  prison.  Eustice, 
Spurlong  and  Sladen,  twenty  days  in  county  prison.  Brisett  and  Ber- 
geron, mistaking  the  day  forfeited  their  recognizances.  Pardoned 
September  16.  Recommended  by  Hon.  A.  G.  Olmstead,  Joshua  Wai- 
bridge,  A.  Updegraff,  A.  J.  Dietrick,  S.  G.  Morrison,  II.  H.  Martin 
and  about  two  thousand  other  citizens  of  Lycoming  and  adjoining 
counties.  Reasons :  The  defendants  have  heretofore  been  peaceable, 
industrious  and  law-abiding  citizens ;  in  this  instance  they  were  led 
into  error  and  breaches  of  the  peace  in  the  exercise  of  supposed  rights 
for  redress  of  supposed  grievances;  they^have  expressed  great  regret 
iind  repentance ;  have  already  suffered  much  from  confinement  in  prison 
before  trial ;  most  of  them  have  wives  and  children  dependant  upon 
them  for  support ;  the  laws  have  been  fully  vindicated,  and  no  good 
could  be  accomplished  by  their  further  punishment.  The  following 
conditions  accompanied  the  pardon  :  "It  is  hereby  stipulated  and  de- 
clared that  this  pardon  is  granted  upon  the  express  condition  that  if 
any  of  the  aforesaid  persons,  at  any  time  during  the  several  terms 
for  which  they  have  been  severally  sentenced,  shall  engage  in  or  incite 
any  riot,  or  aid  in  anything  which  by  their  assistance  and  counte- 
nance may  terminate  in  riot,  then  this  pardon  shall  be  null  and  void 
and  of  no  effect,  and  he  or  they  so  oflending  shall  be  re-arrested, 
and  shall  serve  out,  in  the  prison  designated,  the  full  term  for  which 
he  or  thay  have  been  sentenced,  as  herein  before  recited." 


72  PARDON   REPORT   OF   THE 

5G.  CHRISTIAN  BINK.  Dauphin  count}'.  Larceny.  September  3, 
1872.  Six  months  in  county  prison.  Pardoned  September  16.  Recom- 
mended by  George  Bergner,  John  E.  Fox,  John  A.  Smull,  J.  B.  Boyd, 

A.  K.  Black  and  W.  TV.  Jennings,  prison  inspectors ;    Dr.  Win.  II. 
Egle,  prison  pli3Tsician  ;  W.  K.  Verbeke,  mayor  of  Harrisburg ;  Geo. 

B.  Swartz,*Calvin  Etter,  Jos.  F.  Knipe,  M.  H.  Lee,  G.  TV.  P.  Davis, 
George   W.   Osier,   and   many  others.       Reasons :    Bink  is  seventy 
years  of  age ;  his  health  is  failing  rapidly  ;   being  of  unsound  mind, 
his  further  imprisonment  would  deprive  him  entirely  of  reason,  and 
also  endanger  his  life. 

57.  CHARLES  T.  YERKES,  Jr.  Philadelphia.  Larceny  and  Em- 
bezzlement. February  10,  1872.  Five  hundred  dollars  fine,  and  ten 
years  and  nine  months  in  the  Eastern  Penitentiary.  Pardoned  Sep- 
tember 27.  Recommended  by  lions.  John  F.  Hartranft,  R.  TV. 
Mackey,  Leonard  Myers,  A.  K.  M'Clure,  Thos.  A.  Scott,  TVm.  II. 
Kemble,  TV.  W.  Irwin,  A.  J.  Drexell,  Jos.  M.  Pile,  John  C.  Bullett, 
Samuel  Dixon,  one  hundred  and  thirty-three  members  of  the  Philadel- 
phia bar,  thirty-four  members  of  the  select  and  common  councils,  and 
many  other  citizens.  Reasons :  Yerkes  has  heretofore  borne  an  irre- 
proachable character  as  an  honest  and  intelligent  business  man ;  he 
was  in  this  instance  convicted  of  a  crime  for  an  act  done  by  his  clerk 
in  the  ordinary  routine  of  duties,  and  without  the  knowledge,  much 
less  any  criminal  intent  on  the  part  of  the  defendant;  conviction  was 
had  at  a  period  of  unusual  excitement  in  the  public  mind;  the  jury 
re'commended  him  to  the  mercy  of  the  court ;  two  of  the  five  judges 
composing  the  court  dissented  from  the  opinion  of  the  majority,  on 
the  grounds  that  the  crime  of  larceny  had  not  been  committed  by  the 
defendant,  and  that  he  had  not  been  convicted  according  to  law.  The 
members  of  the  bar  petition  for  his  release  on  the  grounds  of  doubt 
as  to  whether  he  was  guilty  of  any  legal  offence ;  and  a  due  regard  for 
the  financial  interests  and  prosperity  of  the  city  and  other  creditors 
calls  for  his  release.  The  following  conditions  accompany  the  pardon  : 
"It  is  hereby  stipulated  and  distinctly  understood  that  this  pardon  is 
granted  upon  the  express  conditions  that  the  same  shall  be  utterly  void 
and  of  no  effect  if  any  mosey,  fee,  reward  or  compensation  has  been, 
or  shall  hereafter  be  paid  to  any  person  or  persons  for  or  by  reason  of 
any  service  rendered  or  supposed  to  be  rendered  in  procuring  this  par- 
don, or  for  or  by  reason  of  any  cause,  matter  or  thing,  touching  or 


GOVERNOR   OP  PENNSYLVANIA.  73 

concerning  the  same  ;  and  it  is  expressly  declared  and  understood 
that  the  acceptance  hereof  by  the  said  Charles  Yerkes,  Jr.,  shall  be  held 
and  regarded  as  an  adoption  by  him  of  this  condition." 

58.  JOSEPH  MARCER.  Philadelphia.  Conspiracy  and  Embezzlement. 
February  10, 1872.  Three  hundred  thousand  dollars  fine  and  four  years 
and  nine  months  in  Eastern  Penitentiary.  Pardoned  September  27. 
Recommended  by  Hons.  James  R.  Ludlow,  Thos.  K.  Finletter  and 
James  Lyndj  associate  law  judges;  Hon.  Amos  Briggs,  judge  of  dis- 
trict court ;  Hon.  W.  S.  Stokely,  mayor ;  Morton  M 'Michael,  editor 
Xorth  American  and  United  States  Gazette  ;  John  W.  Forney,  editor 
of  the  Press ;  Charles  E.  Warburton,  of  the  Evening  Telegraph  ; 
Everett  &  Hinckens,  of  the  Sunday  Dispatch ;  Dennis  F.  Dealy,  of 
the  Evening  Herald ;  Thos.  Fitzgerald  &  Co.,  of  the  Evening  City 
Item;  J.  W.  C.  Greene,  of  the  Sunday  Transcript ;  William  Mceser, 
of  the  Sunday  Mercury;  J.  M.  Robb,  of  the  Age  ;  James  S.  Chambers, 
of  the  Day  ;  Lenore  and  Blakely,  of  the  Evening  Star ;  John  M.  Car- 
son, of  the  Post ;  and  Peacock  and  Fetherston,  of  the  Evening  Bul- 
letin ;  by  numerous  members  of  the  bar  of  Philadelphia ;  by  all  the 
members  of  the  select  and  common  councils  present  at  the  meeting  of 
March  28,  1872;  one  thousand  and  eighty-seven  of  the  city  police  ; 
one  hundred  teachers  of  the  city  schools;  Hon.  Leonard  Myers,  W. 
II.  Kemble,  L.  Montgomery  Bond,  John  Robbins,  Egbert  K.  Nichols, 
Thomas  B.  Scarborough,  Robert  L.  Bodine,  Robert  II.  Pattison,  W.  II. 
Baker,  E.  J.  Spangler,  W.  S.  Fetter,  Edwin  Palmer,  Richard  F.  M'- 
Carter,  Jr.,  Dr.  L.  D.  Baldwin,  Henry  Budd,  Simon  W.  Gorsler,  John 
B.  Moffett,  Andrew  J.  Know,  J.  Alexander  Simpson,  George  II. 
Mitchell,  Rev.  N.  M.  Price,  Robert  Betwell,  J.  Howard  Wilson,  Thos. 
Cochran,  W.  W.  Harding,  Dr.  H.  Ernest  Goodman,  and  over  nineteen 
hundred  others.  Reasons  :  No  part  of  the  moneys  entrusted  to  the 
defendant  were  appropriated  by  him  to  his  own  use ;  he  was  the  victim 
of  circumstances,  "a  vicious  practice  having  existed  for  j7ears,  which 
rendered  it  possible  for  any  city  treasurer  to  fall  as  defendant  did;" 
the  sentence  is  virtual  imprisonment  for  life,  and  in  conflict  with  the 
spirit  of  the  Constitution,  which  prohibits  the  infliction  of  cruel  pun- 
ishments ;  his  sufferings  in  mind,  body  and  estate  have  been  severe 
and  unusual,  and  from  the  imprisonment  will  probably  result  in  in- 
sanity. The  following  conditions  accompany  the  pardon  :  "It  is  hereby 
stipulated  and  distinctly  understood  that  this  pardon  is  granted  upon 


74  PAIIDOX   REPOliT   OP   THE 

the  express  conditions,  that  the  same  shall  be  utterly  void  and  if  no 
effect  if  any  money,  fee,  reward  or  compensation  has  been  or  shall 
hereafter  be  paid  to  any  person  or  persons  for  or  by  reason  of  any  ser- 
vice, rendered  or  supposed  to  be  hendered,  in  procuring  this  pardon, 
or  for  or  by  any  reason  or  cause,  matter  or  thing,  touching  or  con- 
cerning the  same ;  and  it  is  expressly  declared  or  uaderstood  that  the 
acceptance  hereof  by  the  said  Joseph  Marcer,  shall  be  held  and  re- 
garded as  an  adoption  by  him  of  this  condition." 

59.  JOHN  ZETDLER.  Luzerne  county.  Selling  Liquor  on  Sunday. 
September  18,  1872.  Ninety  dollars  fine  and  fifty  days  in  county 
prison.  Pardoned  September  27,  but  fine  not  remitted.  Recommended 
by  Hon.  L.  1).  Shoemaker,  W.  W.  Ketchum,  Edwin  S.  Osborne,  Alex. 
Farnham,  I.  Abrahams,  A.  J.  Lengfeld,  Robert  Coover,  Wm.  C.  Yost, 
H.  Conrad,  S.  Franenthal,  II.  Wright,  J.  A.  Merrick,  P.  DeLacey,  II. 
\Vinton,  J.  A.  Scrantcn,  Frank  D.  Collins,  Edward  P.  Kingsbury, 
Wm.  P.  Carling,  E.  L.  Merriman,  and  many  others.  Reasons  :  Zeidler 
is  a  German,  and  kept  a  beer  garden  where  families  of  his  nationality 
were  wont  to  assemble  on  Sunday,  as  is  the  custom  in  their  fatherland, 
and  being  imperfectly  acquainted  with  our  laws,  the  defendant  com- 
mitted the  act  for  which  he  was  convicted  ;  and  the  pardon  was  ac- 
cepted on  the  following  conditions :  "  It  is  stipulated  and  declared 
that  this  pardon  is  granted  upon  this  condition,  that  if  said  Zeidler 
should  be  guilty  of  a  repetition  of  the  offence  whereof  he  was  con- 
victed, that  this  pardon  to  be  null  and  void,  and  he  is  to  be  subject  to 
re-arrest  and  to  imprisonment  for  the  full  term  of  his  sentence." 

GO.  PATRICK  M'GJNLEY.  Montgomery  county.  Assault  and  Mattery. 
August  24,  1872.  Six  months  in  county  prison.  Pardoned  October 
W2.  Recommended  by  lion.  John  F.  Hartranft,  John  W.  Hullinger, 
Owen  Cahill,  Michael  M'Dermott,  John  Heenan,  J.  Leedom,  Charles 
P.  Jordan,  Charles  Bradley,  Edward  M'Gaughey,  Patrick  Bradley, 
John  Welsh,  Edward  Baxter,  Daniel  Wiley,  Thomas  M'Kibbin,  P.  D. 
Miles,  Jno.  H.  Coulston,  Daniel  B.  Yost,  James  M'Cormick,  Hugh 
M'Lain,  Michael  Sheny,  S.  B.  Helfenstein,  Patrick  O'Neill,  John  J. 
Norton,  Stephen  Mullen,  John  Gilmore,  Samuel  S.  Townsend,  and 
many  others.  Reasons  :  The  evidence  was  insufficient ;  the  identifica- 
tion of  the  defendant  was  incomplete,  and  there  should  have  been  no 
conviction  ;  the  offence  was  committed  daring  the  existence  of  a  strike 
among  and  by  the  iron  workers  of  the  town,  when  there  was  consider- 
able excitement ;  he  is  of  good  reputation  for  peace  and  quietness ;  is 


GOVERNOR   OP   PENNSYLVANIA.  75 

the  only  support  of  an  aged  mother,  a  one-armed  brother  and  two  sis- 
ters ;  and  it  would  subserve  no  good  purpose  to  keep  him  longer  in 
confinement. 

61.  PATRICK  BROWN.     Schuylkill  count}'.     Murder.     September  19, 
1870.     Four  years   in  Eastern   Penitentiary.     Pardoned   October   2. 
Recommended " by  Hon.  James   Ryan,  president  judge;    Charles  D. 
Hippie,  district  attorney  ;  Lin  Bartholomew,  prosecutor ;  nine  of  the 
jury  in  the  case;  Wm.   J.  Matz,  Chas.  F.  Rahn,  J.  M.  Glick,  James 
Glenn,  D.  E.  Nice,  A.  J.  Huntzinger,  A.  P.  Carr,  M.  D.,  Ephraim 
Philips,  Clement  S.  Foster,  Jas.  J.  Conner,  Henry  A.  Moodie,  J.  II. 
Hoover,  Q.  H.  Helfrich,  Richard  Kuhn,  and  many  others.     Reasons  : 
The  evidence  against  Brown  was  only  inferential,  and  if  he  had  been 
alone  upon  his  trial  it  would  not  have  justified  a  conviction  ;  the  fact 
of  his  trial,  conjointly  with  others,  against  whom  the  testimony  was 
direct  and  strong,  had  a  tendency  to  bias  the  minds  of  the  jury  ;  his 
character  for   peace  and  sobriety  has  been  always  uniformly  good ; 
owing  to  his  delicate  health  the  sentence  is  equal  to  imprisonment  for 
life  ;  he  has  a  wife  and  four  children  dependent  upon  him  for  support ; 
and,  in  consideration  of  all  the  facts,  it  would  be  injustice  to  continue 
his  imprisonment. 

62.  FRANK  ARMSTRONG.     Philadelphia.     Larceny.    July  12,   1872. 
Six  months  in  county  prison.     Pardoned  October  7.     Recommended 
by  Hon.  Thos.  K.  Finletter,  associate  law  judge;  Christian   Knears, 
John  P.  Wetherill,  James  L.  Claghorn,  R.  J.  Houston,  Joseph  R. 
Chandler,  and  by  the  following  citizens  of  Lancaster  county :  John 
W.  Johnson,  Wm.  M.  Slaymaker,  G.  W.  Keene,  S.  L.  Kauffman,  W. 
A.  Wilson,  M.  Brosius,  Thos.  B.  Cochrane,  A.  S.  Henderson,  Jno.  K, 
Reed,  N.  E.  Slaymaker,  Philip  D.  Barker,  W.  D.  Stauffer  and  Ellwood 
Griest.     Reasons:  Armstrong  is  believed  to  be  entirely  innocent  of 
any  guilty  intent ;  the  crime  was  committed  when  he  was  supposed  to 
be  laboring  under  a  mental  alienation  ;  his  relatives  and  friends  knew 
nothing  of  the  offence  until  after  his  conviction  ;  he  is  quite  an  aged 
man  ;  lie  has  heretofore  maintained  a  respectable  standing  in  societ3T ; 
his  conduct  in  prison  has  been  good,  and  the  ends  of  justice  do  not 
require  the  fulfilment  of  his  sentence. 

63.  A.  F.  BUTZBACII.      Luzerne  county.      Keeping  a   Disorderly 
House.     September  19,  1872.      Two  hundred  dollars  fine  and  three 
months  in  county  prison.     Pardoned  October  15.    Recommended  by 


70  PAEDON   REPOKT  OF   THE 

lion.  Garrick  M.  Harding,  president  judge ;  Hon.  E.  L.  Dana,  asso- 
ciate law  judge;  lions.  L.  D.  Shoemaker  and  John  Richard  ;  Hon  Ira 
M.  Kirkendale,  ma3ror  of  Wilkesbarre  ;  W.  W.  Ketchum,  Hendrick  B. 
Wight,  Henry  M.  Hoyt,  II.  W.  Palmer,  E.  P.  Darling,  G.  W.  Kirken- 
dale, Chas.  A.  Miner,  M.  J.'Phiebin,  G.  M.  Miller,  C.  B.  Snyder,  and 
many  others.  Reasons:  Butzbach  keeps  a  Beer  garden,  where  a 
large  number  of  respectable  German  citizens  were  in  the  habit  of  go- 
ing, with  their  families,  to  seek  recreation  and  enjoyment,  after  the 
manner  of  their  people  ;  the  said  garden  has  been  kept  in  as  quiet  and 
orderly  a  manner  as  any  in  the  country ;  the  playing  upon  musical 
instruments  was  the  chief  cause  of  complaint,  and  has  not  heretofore 
been  considered  a  nuisance  in  the  community ;  the  garden  has  been 
kept  by  the  defendant  in  the  same  manner  for  five  years  and  was  never 
complained  of  before;  the  ends  of  justice  will  be  better  subserved  by 
relieving  him  from  imprisonment. 

G4.  JOHN  GRIMM.  Allegheny  county.  Murder.  October  23,  18G9. 
Six  years  in  Western  Penitentiary.  Pardoned  October  15.  Recom- 
mended by  Hon.  Thomas  Mellon,  the  judge  who  tried  the  case;  Hon. 
John  M.  Kirkpatrick,  associate  law  judge;  A.  L.  Pearson,  district 
attorney;  Thomas  M.  Marshall,  prosecutor's  attorney;  E.  S.  Wright, 
warden  Western  Penitentiary  ;  W.  C.  Moreland,  Miles  S.  Humphreys, 
Jas.  S.  Negley,  Jared  M.  Brush,  Wm.  Phillips,  C.  Barnes,  W.  JST. 
Oliver,  James  Dougherty,  S.  B.  Neely,  B.  F.  Lloyd,  Wm.  F.  Davis, 
Samuel  Bridge,  Jr.,  and  many  others.  Reasons:  Grimm  has  always 
sustained  a  good  character  ;  the  offence  was  committed  in  self-defence  ; 
he  served  his  country  honorably  and  faithfully  during  the  war ;  he 
has  aged  parents  dependent  upon  him  for  support ;  having  served  out 
half  his  sentence  the  law  has  been  fully  vindicated  and  justice  satis- 
fied. 

65.  SEBASTIAN  SEARLES.  Union  county.  Larceny.  February  21, 
1872.  Fifteen  months  in  Eastern  Penitentiar}'.  Pardoned  October  1  (5. 
Recommended  by  Hon.  J.  C.  Bucker,  president  judge  ;  lions.  Jacob 
Hummel  and  Cyrus  Hoffa,  associate  judges ;  J.  T.  Baker,  Wm.  II. 
Marr,  Wm.  Jones,  EH  Slifer,  A.  II.  Diel,  Alfred  Hayes,  Jonathan  Wolfe. 
T.  Worrill  Lynn,  and  many  others.  Reasons :  On  the  night  of  Febru- 
ary 12,  1872,  two  men,  Wm.  Hann  and  Wm.  Richey,  committed  larceny 
in  Lewisburg,  and,  on  leaving  town,  fell  in  with  Searles,  who  proceeded 
with  them  until  arrested;  there  was  no  evidence  that  he  had  offered 


GOVERNOR   OF   PENNSYLVANIA.  77 

any  of  the  stolen  goods  for  sale  ;  and  the  punishment  he  has  alread}' 
suffered  fully  answers  the  end  of  justice. 

66.  JAMES  MEREDITH  and  JOHN  RICH,  (both  colored.)     Philadel- 
phia.    Bobbery.     December  22,  1869.     Each  five  hundred  dollars  fine 
and  four  years  and  ten  months  in  the  Eastern  Penitentiary.     Pardoned 
October  17.     Recommended  by  J.  Gillingham  Fell,  for  the  reasons  that 
the  imprisonment  already  suffered  is  sufficient  punishment  for  the 
offence  ;  they  are  mere  boys  ;  that  John  Rich  is  feeble-minded,  and  is 
now  in  the  hospital  with  his  health  much  impaired  ;  their  parents  are 
respectable  people  ;  their  conduct  in  prison  has  been  exemplary,  and 
no  good  can  result  in  their  further  punishment. 

67.  JOHN  BARLOW.    Luzerne.    June  1, 1872.    Fraudulently  Uttering 
and  Publishing  a  Written  Instrument  to  the   Prejudice  of  Another. 
Fine  of  two  hundred  dollars  and  three  years  in  Eastern  Penitentiary. 
Pardoned  November  4.    Recommended  by  W.  F.  Halstead,  the  prosecu- 
tor ;  W.  G.  Ward,  recorder  of  the  mayor's  court ;  and  Cornelius  Ward 
and  Matthias  Gehen,  assistant  recorders  ;  A.  B.  Stevens,  marshal  of 
the  city  of  Scranton ;  J.  A.  Scranton,  editor  of  the  Scranton  Repub- 
lican ;    W.  W.  Ketchum,  Geo.  Coray,  J.  II.  'Campbell,  D.  W.  Con- 
nolly, M.  J.  Wilson,  W.  H.  Gearhart,  D.  W.  Rank,  E.  B.  Sturges,  C. 
Smith,  Geo.  S.  Horn,  A.  Chamberlain,  Geo.  D.  Butler,  F.  D.  Collins, 
A.  S.  Hottenstein,  M.  W.  Loftus,  Thos.  Dickson,  John  Raymond,  John 
Holgate,  and  many  others.     Reasons  :  Barlow  has  made  full  reparation 
for  the  injury  done,  and  paid  the  fine  and  costs  of  prosecution;  his 
wife  is  a  lunatic ;  he  has  hitherto  sustained  a  good  reputation  for  hon- 
esty and  integrity,  and  no  good  can  be  accomplished  by  his  further 
punishment.     It  is  stipulated  in  his  pardon  that  the  same  shall  be  ut- 
terly void  and  of  no  effect  if  any  money,  fee,  reward  or  compensation 
has  been  or  shall  hereafter  be  paid  to  any  person  or  persons  for  or  by 
reason  of  any  service  rendered  or  supposed  to  be  rendered  in  procuring 
this  pardon,  or  for  or  by  reason  of  any  cause,  matter  or  thing  touching 
or  concerning  the  same ;  and  it  is  expressly  declared  and  understood 
that  the  acceptance  hereof  by  the  said  John  Barlow  shall  be  held  and 
regarded  as  an  adoption  by  him  of  this  condition. 

68.  JOHN  PARKS.     Chester,  October  29,  1872.     Disturbing  a  Eeli- 
\lious  Meeting.     Twenty  dollars  fine  and  two  months  in  county  prison. 
Pardoned  November  8.     Recommended  by  all  the  members  of  the  jury 
that  convicted  him  ;  Hon.  Wm.  Townsend,  M.  C.;  Davis  Gill,  sheriff'; 
Geo.  F.  Smith,  district  attorney  ;  Thos.  Y.  Cooper,  P.  F.  Smith,  T.  T. 


78  PARDON   31KPORT   OF   THE 

Smith,  Jas.  E.  M'Farland,  Dr.  D.  W.  Hutcliinson,  Wm.  B.  Waddell, 
Rees  Davis,  J.  Smith  Futhej',  Geo.  M.  Rupert,  and  numerous  citizens. 
Reasons  :  Parke  is  a  hard  working  industrious  man,  and  has  a  wife 
and  eight  children  depending  upon  him  for  support ;  he  is  what  is 
termed  a  u  Loom  Boss,"  and  has  charge  of  all  the  looms  in  the 
Beaver  Woolen  Mills,  and  by  reason  of  his  imprisonment  the  opera- 
tives of  the  factory  are  much  impeded  and  may  be  thrown  out  of  em- 
ployment ;  Parke  is  a  man  very  much  respected  and  was  unfortunate 
in  getting  into  company  of  others  who  were  really  the  guilty  parties  ; 
there  being  no  danger  of  a  like  occurrence  on  his  part,  the  punishment 
already  inflicted  is  considered  sufficient. 

69.  WILLIAM  JONES.  Philadelphia,  May  23,  1872.  Assault  and 
Battery.  Nine  months  in  county  prison.  Pardoned  November  1-1. 
Recommended  by  Charles  Harris,  J.  B.  Ascough,  Matthew  Corcoran, 
J.  H.  Pauling,  H.  S.  Cassel,  A.  C.  Gill,  B.  K.  Widler,  John  Chambers, 
Wm.  Watson,  Chas.  Godfrey  and  Thomas  Armstrong,  eleven  of  the 
jurors  who  tried  the  case;  R.  W.  Warner,  Richard  Ellis,  John  C. 
Nipps,  H.  C.  Dunlap,  John  Dumbells,  Wm.  J.  Scott,  II.  W.  Coupland, 
Geo.  S.  Mellor,  Frank  Guynn,  Jno.  C.  Thompson,  W.  Wilson,  Chas. 
W.  Ridgway,  W.  F.  English,  J.  H.  Kennedy,  and  many  other  citizens. 
Reasons  :  Jones  has  a  wife  and  family  entirely  dependent  upon  him 
for  support,  and  whose  condition  is  most  pitiable ;  having  been  ill,  his 
physical  condition  demands  his  release  ;  he  has  hitherto  borne  a  good 
character ;  his  conduct  in  prison  has  been  uniformly  good,  and  all  the 
circumstances  of  the  case  call  for  his  release. 

DEATH  WARRANTS. 

1.  GEORGE  GRANT.     Sentenced  January  31,  1872,  by  the  court  of 
oyer  and  terminer  of  Chester  county,  for  the  murder  of  Amanda  R. 
Spence.     Warrant  issued  September  11.     Executed  at  West  Chester, 
November  13,  1872. 

2.  MICHAEL  MOORE.     Sentenced  September  4,  1872,  by  the  court  of 
oyer  and  terminer  of  Cambria  county,  for  the  murder  of  Anna  E. 
Moore.    Warrant  issued  October  11.     Executed  at  Ebensburg,  Novem- 
ber 27,  1872. 


G3VERXOR  OP   PENNSYLVANIA. 


TABULAR  STATEMENT  of  the  number  of  pardons,  (with  yearly  average,) 
and  death  warrants,  issued  from  the  year  1791  to  1872,  inclusive, 
with  the  names  of  the  Governors  by  lohom  they  were  issued,  the  popu- 
lation of  the  State  at  the  time,  and  the  approximate  number  of  in- 
habitants to  each  pardon. 


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From  1791  to  1799.. 

9 

434,  373 

1,188 

132 

10 

3,300 

Thomas  Mifiiin. 

•      1800  to  1808.. 

9 

602,  365 

1,909 

212 

10 

3,000 

Thomas  M'Keau. 

'      1S09  to  1817.. 

9 

810,091 

1,555 

172 

6 

4,700 

Simon  Snyder. 

'      1818  to  1820.. 

3 

950,  000 

1,304 

431 

6 

2,  200 

William  bindlay. 

1821  to  1823.. 

3 

1,047,507 

787 

263 

4 

4,000 

Joseph  Heister. 

1824  to  1829.. 

6 

1,200,000 

821 

136 

7 

9,  000 

John  A.  Shultz. 

1830  to  1835.. 

6 

1,348,233 

502 

83 

8 

16,  100 

George  Wolf. 

183S  to  1838.. 

3 

1,520,000 

481 

160 

6 

10,  000 

Joseph  Ritner. 

1839  to  1844.. 

6 

1,724,033 

725 

120 

14 

14,400 

David  R.  Porter. 

1845  to  1848.. 

4 

2,  000,  000 

327 

8L 

11 

24,  700 

Francis  R.  Shunk. 

1849  to  1851.. 

3 

2,311,786 

378 

126 

6 

19,  500 

Wm.  F.  Johnston. 

1852  to  1854.. 

3 

2,  500,  000 

326 

108 

11 

23,  100 

William  Bigler. 

1855  to  1857.. 

3 

2,  700,  000 

161 

53 

8 

50,  900 

James  Pollock. 

1858  to  I860.. 

3 

2,906,215 

216 

72 

12 

43,  000 

Wm.  F.  Packer. 

1861  to  1866.. 

6 

3,100,000 

763 

127 

18 

24,400 

Andrew  G.  Curtin. 

1S67  to  1872.. 

6 

3,  650,  000 

425 

71 

23 

51,400 

John  W.  Geary. 

82 

11,863 

146 

160 

UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


A     000  605  221     1 


